Without privity and no-third party beneficiary breach of contract claim, there is no standing for a breach of fiduciary duty claim.

The plaintiff, a residual beneficiary of an inter vivos trust, brought a breach of fiduciary duty claim against the defendant, the decedent’s attorney. The trial court overruled the defendant’s preliminary objection, asserting that the plaintiff lacked standing to raise a claim for breach of fiduciary duty. The Superior Court disagreed, reversed the trial court’s order and sustained the defendant’s preliminary objection. The Superior Court explained that the breach of fiduciary duty claim was a professional liability claim and the plaintiff lacked standing to maintain the action because there was no privity and no-third party beneficiary breach of contract claim.

_{Case Law Alerts, 2^nd Quarter, April 1, 2016}

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