Wisniewski v. Palermino

Summary

The court held that intended beneficiaries had standing to pursue a professional negligence claim based on an attorney's failure to advise the decedent that an existing security-account beneficiary designation had to be changed to effectuate the estate plan. The court rejected standing based on an alleged will-drafting error and held that the attorney had no duty to ensure that the client actually changed the designation. The court affirmed dismissal of the breach of contract claim because its allegations sounded in professional negligence rather than contract. Three judges concurred in part and dissented in part, opposing recognition of the new failure-to-advise exception.