Barcelo v. Elliott

Attorney David Elliott (defendant) drafted a will and trust for Frances Barcelo that distributed assets to her children and siblings, with the remainder going to her grandchildren. After Barcelo died, the probate court found the trust invalid, and Barcelo's grandchildren (plaintiffs) sued Elliott for malpractice even though he had never represented them. The trial court granted Elliott summary judgment on the ground that he owed the grandchildren no duty, and the court of appeals affirmed.