If I am the beneficiary of a Will, that was determined to be invalid because it was incorrectly drafted, can I suit the lawyer who drafted it?

Asked on December 3, 2011 under Estate Planning, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming that you will end up less as a beneficiary under the estate of the person who passed away where the Will was improperly drafted than if the Will had been properly drafted, you have been damaged and you would ostensibly have the right to bring a legal malpractice action against the attorney who incorrectly drafted the Will.

Whether or not you have a factual basis to bring a legal malpractice action would be best determined after consulting with a Wills and trust attorney as to whether the other attorney fell below his or her standard of care and duty to you as a beneficary under the Will that you have written about.

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