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Heyer v. Flaig

Supreme Court of California
449 P.2d 161 (Cal. 1969)


Facts

Doris Kilburn hired Flaig (defendant) to draft a will for her. Mrs. Kilburn informed Flaig that she wanted to pass her entire estate to her two daughters (daughters) (plaintiffs), and that she was going to be marrying Glen Kilburn in the near future. Flaig drafted the will before the marriage, but did not mention Mr. Kilburn in the will other than listing him as the executor. Flaig also did not tell Mrs. Kilburn that the marriage would affect the will. When Mrs. Kilburn died, Mr. Kilburn claimed part of her estate as a post-testamentary spouse. The daughters brought a malpractice suit against Flaig, claiming that he was negligent in not accounting for Mrs. Kilburn’s impending marriage or advising her of its implications in the drafting of the will. The trial court dismissed the claim. The daughters appealed.

Rule of Law

Issue

Holding and Reasoning (Tobriner, J.)

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