(DOWNLOAD) "Heyer V. Flaig" by Supreme Court Of California In Bank # eBook PDF Kindle ePub Free
eBook details
- Title: Heyer V. Flaig
- Author : Supreme Court Of California In Bank
- Release Date : January 22, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
TOBRINER, J. This case presents a single, basic question: When does the statute of limitations commence to run against an intended beneficiary of a will who, under the authority of Lucas v. Hamm (1961) 56 Cal. 2d 583 [15 Cal. Rptr. 821, 364 P.2d 685], acquires a right of action against an attorney for malpractice in negligently failing to fulfill the testamentary directions of his client? Under the alleged facts of this case, we conclude that the limitations period starts from the date that the cause of action accrues: namely, the incidence of the testatrix' death when the negligent failure to perfect the requested testamentary scheme becomes irremediable and the impact of the injury occurs. Accordingly, the trial court erroneously sustained a demurrer to plaintiff's complaint on the ground that the statute of limitations bars the present action brought later than two years*fn1 after the defendant drafted the will. Since the plaintiffs filed their complaint within two years of the testatrix' death, the cause avoids the statutory bar.