Ferguson v. Cramer

CHASANOW, Judge.

In the instant case, we are called upon to determine whether a beneficiary under a will may maintain a cause of action for professional malpractice against an attorney retained by the personal representative of the testator’s estate. We recently held that, as a matter of law, a nonclient, testamentary beneficiary could not maintain a cause of action for professional malpractice against the testator’s attorney for negligently drafting the testator’s will or providing negligent estate planning advice where there was a lack of privity between the beneficiary and the attorney.…