Ogle v. Fuiten

102 Ill. 2d 356, 466 N.E.2d 224 (1984)

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Nature of the Case

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Facts

Fuiten (D), attorney at law, was retained to draft the joint wills of Ogle's (P) aunt and uncle. They intended to leave their properly to P if either failed to survive the other by 30 days. D drafted the wills by leaving out P as a beneficiary. The aunt and uncle eventually died within 39 days of each other, and their estates passed by intestacy. P then sued D for malpractice. D filed a motion to dismiss, and it was granted on the grounds that a nonclient must allege and prove that the primary purpose and intent of the attorney-client relationship must have been to benefit the third party. The appellate court reversed; P had standing as a third-party beneficiary. D appealed.