The issue of when an intended beneficiary can bring a malpractice lawsuit against the attorney who drafted the will that fails to provide for the beneficiary varies by states. Two main views that courts use in determining this issue are the Lucas rule and the narrower Florida-Iowa rule. The Lucas rule comes from a California case and allows intended beneficiaries to bring claims against the attorney either in tort or contract using a Balancing of Factors test. The Florida-Iowa rule limits liability and privity to beneficiaries that were intended by the intent of the testator expressed in the actual document, which does not cover those that are missing.
In Fabian v. Lindsay, the South Carolina Supreme Court adopted the broader Lucas rule, reasoning that the testator intends their estate planning to benefit the intended beneficiaries and that this broader rule helps enforce the testator’s intent.
See Jeffrey Skatoff, Estate Planning Malpractice: South Carolina Adopts Expanded Rule of Liability, Clark Skatoff, Oct. 31, 2014.
