Heyer v. Flaig

*225TOBRINER, J.

This case presents a single, basic question: When does the statute of limitations commence to run against an intended beneficiary of a will who, under the authority of Lucas v. Hamm (1961) 56 Cal.2d 583 [15 Cal.Rptr. 821, 364 P.2d 685], acquires a right of action against an attorney for malpractice in negligently failing to fulfill the testamentary directions of his client? Under the alleged facts of this case, we conclude that the limitations period starts from the date that the cause of action accrues: namely, the incidence of the testatrix’ death when the negligent failure to…