The court considered whether the plaintiffs could pursue a negligence action against a lawyer who drafted a will, after a Certificate of Appointment of Estate Trustee with a Will (CAETW) had been granted.
The plaintiffs alleged the will failed to reflect the testator’s intentions, resulting in a partial intestacy.
The court held that the action was a collateral attack on the CAETW, which is conclusive as to the will’s validity and contents, and dismissed the action.
The court also addressed the principles of summary judgment, the legal effect of probate, and awarded costs to the defendants.
