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
WealthCounsel Quarterly, Volume 18, No. 1—Estate Planning in the Digital Age
This issue of the WealthCounsel Quarterly will equip you to educate your clients about the need to plan for their digital assets, help you design effective estate plans to transfer those assets to their beneficiaries, and increase your firm’s efficiency.
Learn More
WealthCounsel Quarterly, Volume 16, No. 1—Asset Protection
This issue of the WealthCounsel Quarterly focuses on asset protection considerations and strategies. It also invokes vibrant discussion within the member community.
Learn More
WealthCounsel Quarterly, Volume 16, No. 2—Small Business
This issue of the WealthCounsel Quarterly will spur fruitful conversations with your small business clients that will result in positive outcomes for their businesses.
Learn More