[WSBARP] Will with no devise

[K. Garl Long]

Have taken a look at the "contract to make a will" line of cases. It is 
a high burden; pretty fact specific. Here there is evidence of an 
attempt to make a will which should support the contract theory, but 
will need to find more facts.

The first attorney is long gone, and the line of cases your reference 
would make it pretty hard.

Thank you for the response,

Garl


On 06/15/2017 03:29 PM, Carmen Rowe wrote:
> 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/
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