What are some cases where a plaintiff has been successful in a claim for malpractice arising from the death of her testatrix?

California, United States of America


The following excerpt is from Laird v. Blacker, 2 Cal.4th 606, 7 Cal.Rptr.2d 550, 828 P.2d 691 (Cal. 1992):

For example, plaintiff relies on Heyer v. Flaig, supra, 70 Cal.2d 223, 74 Cal.Rptr. 225, 449 P.2d 161, which holds that when an attorney is accused of malpractice in drafting a will for failing to follow the testamentary directives of a client, a cause of action for malpractice accrues on the date of the testatrix' death. Only then do the beneficiaries suffer "irremediable injury." (Id. at p. 225, 74 Cal.Rptr. 225, 449 P.2d 161.) Our holding was based on the rationale that an attorney owes the beneficiaries a continuing fiduciary duty throughout the representation of the client.

[2 Cal.4th 616] Next, in Bell v. Hummel (1982) 136 Cal.App.3d 1009, 186 Cal.Rptr. 688, the defendant attorney was negligent in failing to assert a cause of action on his client's

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