[WSBARP] Will with no devise

[Carmen Rowe]

I will be curious the answer on ways to give effect to known intent when
the deceased forgot (or is claimed to have forgotten) to leave something in
the will. I have never had occasion to look it up; my impression is that it
is very difficult but possible in meeting a high bar, but another part of
me wonders if you can go that way without some modicum of intent in the
will itself.

As I recall there are cases specifically addressing the "friend" heir.

As to malpractice: I had a case involving third parties, the gist was that
you can only have a malpractice claim if you can demonstrate you are an
intended third-party beneficiary of the attorney's work. See e.g. *Bowman
v. Two*, 104 Wn.2d 181 (1985).

But it would sure seem to me that this question of malpractice against the
estate attorney must have come up before specifically in the "omitted heir"
scenario, or otherwise someone who said they were supposed to inherit more,
will be curious if others have caselaw on it.




Carmen Rowe, Attorney


Phone: (360) 669-3576 (direct cell)
Email:  Carmen at GryphonLawGroup.com

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