In the past month, historic views of privity and legal fees have taken a dramatic turn. Guided by principles of fairness and statutory interpretation, the decisions rendered by the Court of Appeals in Matter of Schneider and Matter of Hyde require the estate practitioner to take heed. Additionally, opinions rendered by the state Supreme Courts have been instructive to the Surrogate’s Court practitioner. From matters involving validity of deeds and res judicata, the Supreme Court, as a court of general jurisdiction, often addresses issues of practice and procedure that are relevant to the area of trusts and estates.
The Court of Appeals
An Exception to Privity. In Matter of Schneider, —N.E.2d—, 2010 N.Y. Slip Op. 05281, the Court of Appeals held that a personal representative of an estate may maintain a legal malpractice claim for pecuniary loss to a decedent’s estate resulting from negligent representation in estate planning. In reaching this result, the Court reversed decisions of both the Supreme Court and the Appellate Division, which held that the estate could not pursue the cause of action for damages in the absence of privity.
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