Trusts & Estates
Attorney Liability: Estate Planning and the Strict Privity Rule
by Jennifer L. Villier, JD | Business Law Faculty, WealthCounsel
The strict privity rule has long protected estate planning attorneys from lawsuits brought against them by disappointed beneficiaries. While some states have crafted broader exceptions to strict privity in the estate planning context, a recent decision by the Colorado Supreme Court indicates that strict privity, with a narrow exception, is here to stay.
While this case only concerns Colorado attorneys, the opinion is also helpful to practitioners in other states as well and highlights several key best practices when dealing with non-clients to protect the client's wishes — and the attorney from potential litigation.
Please download this Insight Brief to learn more about Baker v. Wood, Ris & Hames, 2016 CO 5, No. 13SC554 (January 19, 2016) and its implications for trusts and estates planning attorneys.
Topics
Complete the form to get your free guide
Related Resources
2025 Federal Exemptions & Rates: Quick Reference Guide
Save time with our consolidated Federal Estate, Gift, and GST Tax Exemptions & Rates: Quick Reference Guide—a must-have for estate planning attorneys seeking quick access to key transfer tax data.
Learn More
WealthCounsel Quarterly, Volume 19, No. 2—Spring 2025 Issue
This Spring issue addresses important topics such as summaries of recent notable developments in estate planning, elder law, and business law, and much more.
Learn More
National Elder Law Month 2025 - Free Marketing Package
May is National Elder Law Month, and it is an ideal opportunity to educate both potential clients and professionals in your referral network about important elder law topics.
Learn More