Luke Lantta, on the Bryan Cave Fiduciary Litigation Blog writes about whether a trustee’s lawyer owes a fiduciary duty to trust beneficiaries, focusing on Walther v. Kane, an unpublished Eleventh Circuit Case. His post begins as follows:
There is seemingly a line – at least under Florida law – that will not yet be crossed in the expanding world of third parties who purportedly owe duties to trust beneficiaries. In Walther v. Kane (unpublished), the United States Court of Appeals for the Eleventh Circuit affirmed a federal district court’s ruling that, under Florida law, an attorney retained to represent only the trustee does not owe a fiduciary duty to the beneficiaries of the trust. This decision stands in contrast to the trend in jurisdictions, including Florida, to chip away at the privity requirement when it comes to legal malpractice claims against estate planning attorneys.
Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.