Are you the beneficiary of a will in West Palm Beach only to find out the will was invalid due to the negligence of a probate attorney? You may be able to sue for malpractice but you are going to want to understand the principle of a third party beneficiary contract as well as how a malpractice lawsuit works. Here is a quick and dirty guide to read on your way to consult with a malpractice attorney in West Palm Beach.
What is Malpractice?
- Professionals do not just “do” their profession rather they “practice” it.
- Doctors practice medicine, lawyers practice law etc.
- When a professional engages in their practice negligently and causes damages this is called malpractice.
- Malpractice against a probate attorney can be hard do you know why?
The Problem with Probate
- Up until recently the only person who could sue for a bad will was the testator.
- This posed some problems in West Palm Beach because usually by the time the will was discovered to be faulty, the testator was dead!
- The Court’s reasoned that since the contract for professional services was between the testator and the lawyer – only the testator had standing to sue.
- Eventually the level of malpractice in this area of law required a change.
- That is where the doctrine of third party beneficiary breach of contract came into play.
Third Party Beneficiary Breach of Contract
- Why does anyone make a will?
- Surely it is at least partly for their peace of mind but really it is to benefit the beneficiaries and heirs in the will.
- To be sure, the peace of mind itself comes from the security for those people.
- The law recognizes that sometimes two parties contract for the benefit of a third.
- This is just such a case reasoned the Palm Beach probate courts.
- The contract between the lawyer and testator is for the benefit of the heirs.
- Thus the malpractice is actionable by the beneficiaries as well.
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