Mary Killins Soignier v. W. Kent Fletcher

Summary

The Idaho Supreme Court held that an attorney did not breach his duty to a testamentary beneficiary because the will unambiguously effectuated the testator’s expressed intent, even though the relevant trust interest had terminated before the will was executed. The court vacated the award of attorney fees under Idaho Code section 12-120(3), finding no commercial transaction between the attorney and the nonclient beneficiary, and awarded no fees or costs on appeal.

Holdings

1. Fletcher did not breach his duty of care because the will unambiguously effectuated Cowan's testamentary intent by devising to Soignier any beneficial interests in trusts that Cowan owned at death; the absence of any such interest did not make the will deficient.
2. Fletcher was not entitled to attorney fees from Soignier because no commercial transaction occurred between Fletcher and Soignier.
3. Neither party was entitled to attorney fees on appeal because this action was not one involving a commercial transaction between the parties.

Questions Presented

1. Whether Fletcher breached his duty of care to Soignier by preparing a will that devised to her any beneficial interests in trusts even though Cowan had no remaining interest in the Cowan Trust.
2. Whether Fletcher was entitled to attorney fees under Idaho Code section 12-120(3) for defending the legal-malpractice action.
3. Whether either party was entitled to attorney fees on appeal under Idaho Code section 12-120(3).

Disposition

other