Espinosa v. Sparber, Shevin, et. al.
Feb 04, 1993OUTCOME: The attorney had no obligation to draft the will to include children that might be born at a later time.
Rene Azcunce signed a Will providing that certain assets were, upon his death, to be divided among his children, all of whom were named. Subsequently, he had another child. He did not revise his will ... to include her. All the evidnece showed that he wanted to treat her like his other children. The issue here was whether the attorney was required to have drafted the will to include all of his children, even those born after the signing of the will. The case was decided by the Florida Supreme Court.