Wrongful Interference

Where a family member or other person interferes with someone’s right to receive property or assets left to him or her by a friend or loved one, whether it involves a will, trust, joint account, jointly titled property or wrongful change of life insurance beneficiaries, it is called wrongful interference with inheritance. Adam Gaslowitz pioneered this cause of action, and the attorneys at Gaslowitz Frankel LLC have handled numerous cases involving claims of wrongful interference with inheritance.

Legal News & Firm Updates

✩ Young v. Williams - Beneficiary of Will May Sue Drafting Attorney for Malpractice

Posted: May 7th, 2007 by Gaslowitz Frankel LLC

Gaslowitz Frankel LLC recently won a ruling from the Court of Appeals that, for better or worse, clarified the law in Georgia on the subject of whether or not a beneficiary has standing to bring a claim against the attorney who drafted a will excluding the beneficiary from an intended gift. In that decision, issued on April 17, 2007, the Georgia Court of Appeals held that a beneficiary of a will may sue the drafting attorney for malpractice if he or she was intended to benefit from the will.

In Young v. Williams, 2007 WL 1121740, Docket No. A07A0030 (Ga. Ct. App. 2007), the attorney who drafted a will for James Williams neglected to include requested language leaving the marital residence to Betsy Williams, the surviving spouse. Mrs. Williams, represented by Gaslowitz Frankel LLC, sued the drafting attorney for malpractice. The drafting attorney admitted that he had made a terrible mistake that would otherwise constitute malpractice, but he argued that Mrs. Williams did not have standing to sue him for malpractice.

The trial court rejected this argument and entered summary judgment in favor of Mrs. Williams. On appeal by the drafting attorney, the Court of Appeals affirmed holding that a contract with a lawyer to draft a will, like any other contract under Georgia law, was subject to the third-party beneficiary rule. Thus, where a person hires a lawyer to draft a will and intends for the will to benefit a spouse (or other person), the spouse (or other person) has the right to sue the attorney for malpractice after the will is probated if it did not provide for what the decedent wanted.

Related News   Civil Appeals, Firm News, Representative Cases, Will and Estate Disputes, Wrongful Interference
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08-01-1999 ✩ Tortious Interference With Expectancy: A New Solution To An Age Old Problem?