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2017 SESSION

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SB 1140 Legal malpractice; estate planning.

Introduced by: Glen H. Sturtevant, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Legal malpractice; estate planning. Provides that the statute of limitations for legal malpractice related to estate planning is five years if the legal representation was based on a written contract and three years if the legal representation was based on an unwritten contract. The bill provides that the accrual date for such an action is the date of completion of the representation. The bill further provides that a person who is not party to the representation shall have standing to maintain such an action only if there is a written agreement between the individual who is the subject of the estate planning and the defendant that expressly grants standing to such person. This bill is in response to Thorsen v. Richmond Society for the Prevention of Cruelty to Animals, 786 S.E.2d 453 (Va. 2016) and is identical to HB 1617.


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