Can Legal Malpractice In Drafting Decedent's Trust Document Occur Before His Death ?
In Wackrow v. Niemi, 231 Ill. 2d 418, 424, 899 N.E.2d 273, 326 Ill. Dec. 56 (2008), the supreme court applied section 13--214.3(d) to the plaintiff's claim of legal malpractice in the drafting of the decedent's trust document. Wackrow, 231 Ill. 2d at 425.
The plaintiff claimed that the trust failed to grant her the decedent's residence because the attorney failed to perform a title search to determine that the residence was owned by another trust and not the decedent. Wackrow, 231 Ill. 2d at 420-21.
The supreme court held that it was clear that the injury did not occur until the decedent's death because the decedent could have revoked the trust prior to his death. Wackrow, 231 Ill. 2d at 425.