Can Beneficiaries Sue Over a Will? Legal Insights & Answers

By Michael Hackard

The Human Stakes Behind Every Will

Can beneficiaries sue over a will? This is a question I have encountered often in more than four decades of estate and trust litigation. Every legal battle, at its core, is a human story. Behind the technical arguments and the court filings, there are families, friendships, and legacies. These represent hopes for justice and, sometimes, the ache of regret. The law, for all its precision and purpose, can never fully answer the heart’s longing for certainty, closure, or fairness. This truth struck me again as I followed a recent Massachusetts case. On the surface, it was about a will left unsigned, but at its heart was the universal longing to be remembered, to be heard, and to matter.

Let’s talk about the lessons we can draw from this case: for lawyers, for families, and for anyone who hopes to leave their affairs in order. In the end, estate law isn’t just about what we own. It is about who we are and how we wish to be remembered.

A Life’s Wishes in Limbo: The Story of Lynne Millican

Consider the story of Lynne Millican, a woman facing the final chapters of her life with clarity and resolve. In May 2024, Lynne, aware of her declining health, reached out to her attorney, David B. Lane. Her mission was clear. She wanted to reshape her legacy. She wanted to update her will, naming new beneficiaries: Joseph Reilly, Steven Wenners, Terry Paulsen, Joanne Lauletta, and Jackie Keith. These weren’t just names on a page. They were part of her life’s tapestry, people who had earned her trust, her gratitude, and her affection.

Lynne’s decision was deeply personal. Like so many of us, she wanted her estate to reflect her present reality, not the faded relationships of the past. She wanted her legacy to be a living testament to her values, her loyalties, and her heart. It’s a motivation I’ve seen countless times in my practice, and one I profoundly respect.

But the best-laid plans, as the old saying goes, often go awry.

The Race Against Time and Fate

The process of updating a will is usually straightforward, but life doesn’t always cooperate. Drafts were exchanged and revisions considered. Lynne’s intentions grew clearer with each step. Still, as any estate attorney knows, a will is only as strong as the signature it bears. Until the moment a client signs on the line, all those intentions, no matter how heartfelt, remain just that: intentions.

By early July, Lynne’s health was failing rapidly. The window to execute her new will was closing. On July 1, she wrote to the law firm’s paralegal, Nina Martin, expressing her anxiety. She revealed that she was even postponing necessary medical care, desperate to ensure her wishes would be honored. “If I don’t sign this new will,” she seemed to say, “the story of my life will be miswritten.”

Nina replied with kindness and honesty. If Lynne died before signing, the old will would control. The race was now between paperwork and fate.

Tragically, fate won. Within days, Lynne passed away. Her new will, never signed, became a lost opportunity—a reflection of intentions, but powerless in probate.

The Aftermath: Grief, Loss, and Legal Reality

For those Lynne intended to benefit, the loss was twofold. They were grieving a loved one and, at the same time, grieving the erasure of her last wishes. In their eyes, something had gone terribly wrong. They turned to the courts, not just for financial redress, but for recognition of Lynne’s final intent.

Their lawsuit claimed that the attorneys had failed Lynne and, by extension, them by not ensuring her new will was executed in time. I understand their heartbreak. Anyone who has lost a loved one knows the pain of unfinished business, of words left unsaid, of intentions left unrealized.

But grief and the law operate by different rules. Many people wonder if beneficiaries can sue over a will when wishes go unfulfilled.

The Court’s Ruling: Where Law Draws the Line

In court, emotion gives way to precedent. Judge Robert B. Gordon dismissed the case, finding that the plaintiffs had no standing to sue and that no actionable breach had occurred. His reasoning was rooted in a longstanding legal principle: the attorney’s duty is owed only to the client (the testator), not to would-be beneficiaries.

As Judge Gordon wrote, “Even if Plaintiffs somehow held a right as third-party beneficiaries to enforce the legal services engagement between Millican and the Lane Defendants (and they do not), the Complaint contains no allegations that would permit a reasonable inference of actionable breach.” The law, as he made clear, draws a firm boundary around the attorney-client relationship.

For readers interested in understanding their rights and the limits of legal recourse, our article on Beneficiary Rights and California Trust Litigation explores how California law protects beneficiaries while balancing the duties of trustees and attorneys.

The Lawyer’s Role: Competence, Not Clairvoyance

This case is a reminder of the limits of our profession. Estate planning attorneys are often called the architects of legacy, but we are not magicians. We cannot see the future, and we cannot control the passage of time. As Judge Gordon wrote, “It is not legal malpractice for attorneys to have failed to foresee the imminence of their client’s demise. The law requires lawyers to be competent, not clairvoyant.”

This is a message that deserves to be heard, loud and clear, not just by attorneys but also by clients and families. We can act with urgency, compassion, and skill. But we are not all-seeing. We are human, too.

The Purpose of Precedent: Protecting Autonomy and Order

The court’s ruling in this case was not an outlier. It rested on the bedrock of legal precedent, reaffirming that the duty of an estate attorney is owed to the client alone. This brings us back to our central question: can beneficiaries sue over a will if changes were never finalized? As defense attorney Scott D. Burke explained, “Until that client properly executes their documents, there’s no duty to anyone else. Otherwise, any potential beneficiary could argue a lawyer owed them a duty, even though the testator had the right to change the plan.”

This principle is not just a technicality. It is the safeguard of autonomy. If lawyers owed duties to would-be beneficiaries, every revision would become a minefield. Clients would lose the freedom to change their minds, and lawyers would be torn between competing loyalties.

As another attorney reflected, “If lawyers had to serve two masters, both the living client and potential future heirs, clarity and trust would vanish.” When people ask, Can beneficiaries sue over a will, it’s important to understand that the law protects the living, even when that means some good intentions will be left forever unfulfilled.

The Ethical Imperative: When Time Is Running Out

Nevertheless, within these boundaries, important lessons remain. As attorney Sara N. Holden cautioned, “Estate planning attorneys should be vigilant when representing vulnerable clients. If a client’s health is rapidly declining, it may be appropriate, sometimes even necessary, to act with extraordinary urgency, perhaps arranging a bedside signing to give voice to a client’s final wishes.”

This is a call to action for all of us in the profession: to remain alert, to communicate openly, and to act with compassion when the clock is ticking. Sometimes, heroics are called for. But we must also recognize the limits of our power.

The Family’s Perspective: Hope, Regret, and Moving Forward

For families and would-be beneficiaries, the lesson is both sobering and empowering. Can beneficiaries sue over a will that was never executed? The law, as it stands, will not recognize intentions left on paper, no matter how clear. The signature is everything. If you or your loved ones are contemplating changes to an estate plan, do not wait. Life is unpredictable, and time waits for no one.

I have seen too many families left in limbo by an unsigned document, a delayed meeting, or a miscommunication. The pain of knowing what a loved one wanted, and being unable to make it real, is profound. But knowledge is power. Take action now, while you can.

Lessons for Attorneys: Diligence, Compassion, and Boundaries

For my colleagues in the legal profession, this case is a call for diligence and clear communication. We must explain, again and again, the importance of execution. We must act with urgency when health is failing. And we must document everything, not just to protect ourselves, but to honor the trust our clients place in us.

At the same time, we must accept the boundaries of our duty. We cannot be everywhere at once. We cannot always predict the future. What we can do is serve with integrity, clarity, and care.

The Broader Picture: Legacy, Dignity, and the Limits of Law

This case is about more than one will. It is about what it means to leave a legacy. It is about the dignity of choice and the pain of intentions left unrealized. The law, for all its limitations, is a tool to serve human needs. It will never be perfect. But if we approach it with humility, empathy, and wisdom, we can help our clients (and ourselves) find meaning, even in loss.

Practical Steps for Families and Attorneys

Let me leave you with a few practical steps, drawn from decades of experience:

Start Early: Don’t wait for a crisis to update your estate plan. The best time to act is when you are healthy and clear-headed.
Communicate Clearly: Make your intentions known, both to your attorney and your loved ones.
Prioritize Execution: A will or trust is only effective when properly executed. Don’t let paperwork linger.
Stay Engaged: Life changes, so should your estate plan. Review it regularly.
Choose Your Team Wisely: Work with attorneys who take the time to understand your wishes and your unique circumstances.
Document Everything: Keep clear records of your intentions and your communications.
Act with Compassion: Whether you are an attorney, a client, or a family member, remember that estate planning is about more than money. It’s about honoring a life.

The Stories We Leave Behind

Every estate, every will, every trust is a story about a life. Sometimes, the story ends the way we hope. Sometimes, it is interrupted by events beyond our control. When these interruptions happen, people often wonder: Can beneficiaries sue over a will? The law is there to provide order, but it cannot fill every gap or heal every wound.

As lawyers, as families, as human beings, we are called to do our best. We must plan, act, love, and remember. If we do that, even the hard lessons can lead us to wisdom.

Lynne Millican’s story is not just a legal case. It is a reminder: Our intentions matter, but our actions matter even more. Let’s honor her memory, and the memory of all those who came before, by learning, by acting, and by caring every day that we can. If you or your loved ones are facing similar estate or trust concerns, or if you have questions about your rights as a beneficiary, reach out to Hackard Law. We are here to help guide you through these challenges and protect your legacy.

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