Rutter v. Jones, Blechman, Woltz & Kelly, P.C.

In this appeal, we consider whether the executor of an estate could maintain an action for legal malpractice in the preparation of the decedent’s testamentary documents.

FACTS

This case was decided on demurrer, and, therefore, we take as true all material facts properly pleaded by plaintiff Rutter and all inferences properly drawn from those facts. Burns v. Board of Supvrs., 218 Va. 625, 627, 238 S.E.2d 823, 824-25 (1977). In 1993, Mildred Duncan retained Jones, Blechman, Woltz & Kelly, RC. (the Jones Blechman firm) to assist in her estate planning. Duncan wanted each of her two housekeepers to…