MOORE v. ANDERSON ZEIGLER DISHAROON GALLAGHER & GRAY, P.C.

No. A099643.

135 Cal.Rptr.2d 888 (2003)

109 Cal.App.4th 1287

Cheryl T. MOORE et al. Plaintiffs and Appellants, v. ANDERSON ZEIGLER DISHAROON GALLAGHER & GRAY, P.C, et al. Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

June 20, 2003.


Attorney(s) appearing for the Case

Michael L. Boli, Alameda, for Appellants.

Michael D. Senneff, Bonnie A. Freeman, Santa Rosa, Senneff Freeman & Bluestone LLP, for Respondents.


KLINE, P.J.

In an issue of first impression in this state, we consider whether an attorney has a duty to beneficiaries under a will to evaluate and ascertain the testamentary capacity of a client seeking to amend the will or to make a new will and whether the attorney also has a duty to beneficiaries to preserve evidence of that evaluation. We shall conclude the attorney owes the beneficiaries no such duties.

Facts and Procedural History

Appellants...

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