Probate
Jul. 17, 2003
Attorney Doesn't Have Duty to Determine Testator's Capacity
Focus Column - Probate Law - By Marshal A. Oldman and Susan J. Cooley - In Moore v. Anderson, Zeigler, Disharoon, Gallagher & Gray , 2003 DJDAR 6717 (Cal. App. June 20, 2003), the 1st District Court of Appeal held that a testator's attorney does not owe a duty of care to the testator's heirs or beneficiaries to determine and document the testator's capacity to make a will.
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