Before death, the decedent hired the defendant to draft a revocable trust and will as part of the decedent's estate plan. Over time, the decedent had the defendant make several amendments to the documents to effectuate the decedent's intent. One such amendment changed the trust to leave the decedent's residuary estate to his nieces and nephews rather than charity. This trust amendment, however, was not signed into effect before the decedent's death. The nieces and nephews sued the defendant for breach of contract with the decedent. The trial court granted the defendant summary judgment on the basis that the heirs lack standing. On review, the court reversed on the basis that the heirs may have standing to pursue a breach of contract malpractice action against the defendant if they can show that they were intended beneficiaries. The case was remanded. Agnew v. Ross, No. 2195 EDA 2014, 2015 Pa. Super. LEXIS 33 (Feb 2, 2015), rev. den., Estate of Agnew, 2015 Pa. Super. LEXIS 158 (Pa. Super. Ct. Apr. 7, 2015).
Intended Beneficiaries Can Sue For Malpractice
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