Trusts and estates practitioners have long felt insulated from the reach of legal malpractice claims, in part due to New York’s long-standing strict privity requirement.

However, the continued erosion of New York’s strict privity requirement along with statistical evidence demonstrating the incremental increase in the number of malpractice claims against trusts and estates practitioners across the country may give the New York trusts and estates practitioner reason to review her professional liability insurance policy and exercise heightened caution in her daily practice.

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