Will Beneficiaries Have Claim Against Testator’s Counsel

In Richmond Society for the Prevention of Cruelty to Animals v. Thorsen, Case No. CL11-1864 (2015), the Circuit Court for the City of Richmond, Virginia, found in favor of the RSPCA and against the lawyer whose will drafting error left the RSPCA with only the testator’s tangible personal property rather than the entirety of the estate.  The Virginia trial court agreed with the RSPCA that as a designated beneficiary under the will, the RSPCA was a third party beneficiary to the oral retainer agreement between the testator and her counsel, enabling the RSPCA to pursue a malpractice claim against testator’s counsel. 

The parties are now headed to the Virginia Supreme Court on appeal. 

See Barbara S. Wahl, Disappointed Will Beneficiaries May Have a Claim Against Testator’s Counsel, Arent Fox, March 9, 2015.