CHERYL T. MOORE Et Al., Plaintiffs and Appellants, v. ANDERSON ZEIGLER DISHAROON GALLAGHER & GRAY, P.C., Et Al., Defendants and Respondents

135 Cal. Rptr. 2d 888 · A099643

California Court of Appeal, First Appellate District · Filed June 20, 2003

Published · citable Cited by 4

Holding

The court held that an attorney preparing testamentary instruments owes no duty of care to prospective beneficiaries to investigate, confirm, or document the testamentary capacity of the client, as such a duty would create an untenable conflict with the attorney's primary ethical obligations to the client and impose an undue burden on the legal profession.

Statutes construed

PROB § 70

Cited by (4)

SIMONA OSORNIO, Plaintiff and Appellant, v. LAWRENCE A. WEINGARTEN, as Personal Representative, etc., Defendant and Respondent (2004) 124 Cal. App. 4th 304
SIMONA OSORNIO, Plaintiff and Appellant, v. LAWRENCE A. WEINGARTEN, as Personal Representative, etc., Defendant and Respondent (2004) 124 Cal. App. 4th 304
MYUNG CHANG, Plaintiff and Appellant, v. GREGORY LEDERMAN, Defendant and Respondent (2009) 172 Cal. App. 4th 67
MYUNG CHANG, Plaintiff and Appellant, v. GREGORY LEDERMAN, Defendant and Respondent (2009) 172 Cal. App. 4th 67