Quote:
Originally Posted by GGG
If a will is prepared improperly such that it is not valid who could sue?
The author is dead and wouldn’t the plaintiffs be an heir that got screwed out of money as a result of will? And in order to prove you actually were damaged by the improper will wouldn’t you need to show you were entitled to the money in the absense of the negligence, and to do that you would need to prove the will was valid.
So how would sueing a lawyer for a bad will work?
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A beneficiary could potentially sue. Imagine a single person having a will drafted that leaves 20% of their estate to their brother and 40% to each of their 2 kids. If the lawyer drafting that will made a mistake that made the will invalid, that person would die intestate. That would mean that the estate would be distributed based on the law, normally to the two kids only, leaving the brother with nothing. The brother would then potentially have a claim against the lawyer for his loss due to negligence.