Leroy Barcelo, Iii, Terri Jo Barcelo, Cecil Wayne Barcelo, Jr., Christopher Lee Barcelo, and Frances Michelle…

Summary

The Texas Supreme Court affirmed the appellate court's summary judgment, holding that an attorney who drafts a will or trust owes no professional duty of care to the beneficiaries of the estate plan. The Court rejected extending the privity barrier and declined to recognize a cause of action for intended beneficiaries. Justices Cornyn and Spector dissented, arguing that a duty to intended beneficiaries should be recognized, at least for those specifically identified in the instrument.