The primary duty of an estate planning attorney is to ensure that the client's wishes are carried out. This means that the attorney must draft estate planning documents that accurately reflect the client's intentions and that will be effective in achieving the client's goals.

Estate planning malpractice can take many forms, including drafting estate planning documents that do not accurately reflect the client's intentions, failing to advise the client of all of the available estate planning options, and negligently preparing or executing estate planning documents.

In some cases, more than one person can be held liable for estate planning malpractice. For example, if the client's financial advisor recommends an estate planning attorney who is negligent, the financial advisor may also be held liable.

In an estate planning malpractice case, the plaintiff may be awarded compensatory damages, punitive damages, and attorney's fees.

The statute of limitations for filing an estate planning malpractice lawsuit is typically two years.

An estate planning attorney may assert a number of defenses in a malpractice case, including that the client did not provide the attorney with all of the relevant information, that the client changed their mind about their estate plan after the documents were drafted, or that the attorney relied on the advice of another professional.

Estate planning attorneys can take a number of steps to avoid malpractice claims, including communicating clearly with the client, obtaining the client's informed consent before taking any action, and keeping detailed records of all communications with the client.

Negotiation is often the best way to resolve an estate planning malpractice dispute. This is because negotiation is less expensive and time-consuming than litigation, and it allows the parties to maintain control over the outcome of the dispute.

Clients can take a number of steps to avoid estate planning malpractice claims, including choosing an experienced and qualified estate planning attorney, providing the attorney with all of the relevant information, and reviewing the estate planning documents carefully before signing them.

All of the above are important things to remember about estate planning malpractice. By following these tips, clients can help to avoid malpractice claims and ensure that their estate plans are properly executed.