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by Jennifer 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 broad exceptions to strict privity in the estate planning context, in the majority of states, absent fraud, or a malicious or tortious act, attorneys cannot be sued by non-clients in an estate planning matter. Nevertheless, estate planners should be aware of the potential for third-party liability as case law interpreting strict privity law continues to develop.

For example, a recent case out of the Virginia Supreme Court, which found a drafting attorney liable for the intended third-party beneficiary’s loss, may be of interest to estate planners nationwide given the breadth of the holding and its examination of precedent in other jurisdictions.

Download this thought paper to learn 3 best practices to which every estate planning attorney should adhere to minimize risk.