In Ventura County Humane Society v. Holloway (1974) 40 Cal.App.3d 897, concluded the absence of a formalized expression of the testator's intent precluded recognition of a duty of care to a potential beneficiary: "An attorney may be held liable to the testamentary beneficiaries only if the Biakanja/Lucas test is fully met, that is, if due to the attorney's professional negligence the testamentary intent expressed in the will is frustrated and the beneficiaries clearly designated by the testator lose their legacy as a direct result of such negligence." In that case a lawyer had drafted a will, using information provided by the testator, with a substantial bequest to a nonexistent animal rights organization ("Society for the Prevention of Cruelty to Animals (Local or National)"). The court held the lawyer owned no duty to a class of potential beneficiaries (charities, including the Ventura County Humane Society) to establish the "true intention" of the testator, finding the allegation that the lawyer had negligently drafted the will using ambiguous and ineffectual language failed to allege "the crucial elements upon which the lawyer's duty may be predicated." (Id. at p. 906.) "When the testamentary intent has been implemented, no good reason exists why the attorney should be held accountable for using certain words suggested or selected by the testator which later prove to be ambiguous. In addition, the task of proving whether claimed ambiguity was the result of negligence of the drafting attorney or whether it was the deliberate choice of the testator, would impose an insurmountable burden on the parties, since in such a case the trier of fact would be required to decide this crucial issue without the benefit of the testimony of the most important witness, the testator himself." (Id. at p. 905)