Gonsalves v. Superior Court
Court of Appeal of California, First District
24 Cal.Rptr.2d 52 (1993)
Attorney Gonsalves (defendant) drafted a will for Dvorak that disinherited her niece Picardo (plaintiff) in favor of a close friend; Gonsalves observed Dvorak to be alert, coherent, and articulate both when discussing and when executing the will. After Dvorak's death, Picardo sued Gonsalves for professional negligence, alleging Dvorak actually lacked testamentary capacity and Gonsalves should have known and refused to draft the will; the trial court initially denied Gonsalves summary judgment but later granted it.
Whether an attorney who is convinced of a client's testamentary capacity, and drafts a will as the client requests, may be liable to a beneficiary disinherited by that will.