Court: |
Wis Supreme Court |
|
Facts: |
Goldstein hires Crawford to re-do his will. There's
confusion at the time of signing, and we don't get the
right number of witnesses. The revised will gave
Auric $25K, but it's not valid. |
|
Posture: |
Probate Court (Racine) orders an earlier version of the
will probated, and denies the more recent one because
it was executed wrong. Auric files suit against
Crawford and his malpractice insurer for negligence
and breach of implied contract. |
|
Issue: |
Should we hold attorneys who screw up wills liable? |
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Holding: |
Yes. Liability is proper. |
|
Rule: |
The state constitution says you can dispose of your property
via a will (actually, it doesn't), and Wis Stat § 853.03(2) says how wills
are to be executed. |
|
Reasoning: |
Public policy supports holding attorneys whose mistakes
frustrate testators' wishes accountable. This will
result in increased care on the part of attorneys. |
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Dicta: |
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