Law of Wills, 2016A

Creating a duty, even under the unfortunate circumstances of this case, could compromise the
attorney’s duty of undivided loyalty to the client and impose an untenable burden upon the attorneyclient
relationship. To avoid potential liability, attorneys might be forced to pressure their clients to
execute their wills summarily, without sufficiently reflecting upon their estate planning options.
On balance, we conclude that the risk of interfering with the attorney’s duty of undivided loyalty to
the client exceeds the risk of harm to the prospective beneficiary. For these reasons, we join the
majority of courts that have considered this issue and hold that an attorney does not owe a duty of
care to a prospective will beneficiary to have the will executed promptly. Accordingly, we answer the
certified question in the negative.
Remanded.
Ethics Exercise One
Attorney Oscar Walker represented Melvin and Gloria Patterson in a real estate transaction. During
the course of that representation, Oscar and Gloria had an affair. A few years later, while
intoxicated, Gloria told Oscar that her daughter, Isabella, was a product of their affair.
A few years later, Oscar ran into Melvin in the parking lot of their health club. At that time, Melvin
asked Oscar if he was legally required to leave his property to his children. In response, Oscar told
Melvin that children did not have a legal right to inherit. A few years later, Gloria filed for divorce
and retained Oscar to represent her in the matter. At that time, Gloria made Oscar promise not to
reveal Isabella's true paternity.
After the divorce was final, Melvin hired an attorney to establish a testamentary trust. Under the
terms of the trust, Melvin left one-third of his property to Isabella, and the other two-thirds to his
son, Damon, who was an attorney. When Melvin passed away, Isabella retained Walker to contest
Melvin's will because of undue influence on the part of Damon.
Ethics Exercise Two
After Curtis Jackson's wife Beatrice died, his only living heirs were his niece Ellen Blackman, and his
nephews Thomas Jackson, Michael Levinson and Justin Powell.
In 2010, Curtis suffered a mild heart attack a few months after his 70 th birthday. Ellen urged her
uncle to get one of his attorneys to prepare his will so he could have his affairs in order. However,
Curtis told her he was afraid to think about dying. Finally, Curtis told Ellen that he was ready to get
his affairs in order. Consequently, Ellen set up an appointment for Curtis to meet with her
attorney. At the last minute, Curtis changed his mind and did not attend the meeting. This process
was repeated on at least two occasions.
In 2012, Curtis told Ellen that he was ready to do some estate planning. He asked her to assist him
with the matter. Therefore, Ellen paid her attorney, Paul Johnson, to prepare a will for Curtis. She
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