Hall

In this case, we conclude that a prospective beneficiary of a will cannot maintain a cause of action for legal malpractice against the attorney who drafted the will but did not have it executed before the death of the testator.

FACTUAL AND PROCEDURAL SUMMARY

Appellant Carlyle Hall had known Alexandra Turner since 1962 or 1963. In the late 1990’s, Hall formed the belief that Ms. Turner was in need of a conservatorship; she had become increasingly reclusive, sometimes would not answer the telephone or the door, and was not cleaning up when her dog relieved himself inside her condominium. She exhibited signs of dementia.

In December 2001, Hall, through counsel, filed a petition to establish a conservatorship for Ms. Turner. The petition requested that Hall and Judith Chinello, a professional conservator, be appointed coconservators of Ms. Turner’s person, and that he be appointed conservator of her estate. In January 2002, respondent Lawrence Kalfayan was appointed as a probate volunteer panel (PVP) attorney to represent Ms. Turner’s interests with respect to the conservatorship petition.

With Hall’s assistance, Kalfayan met with Ms. Turner in February 2002. Her…