Quote:
Originally Posted by opendoor
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.
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But if the will wasn’t valid how would the brother be able to make a claim? His claim for damages would be based entirely on the will being valid.
Essentially my question is how could the court find he was damaged and find the will wasn’t valid doesn’t one rely on the other?