Plaintiff’s legal malpractice claim against the attorneys who drafted her fiancé’s will accrued when she filed an answer to the will contest brought by the fiancé’s surviving relatives.
In LaChappelle v. Tual, No. W2024-01234-COA-R3-CV (Tenn. Ct. App. July 18, 2025), the plaintiff had hired defendant attorneys to draft a will for her fiancé while the fiancé was in the hospital in Tennessee. The fiancé later died, and after the plaintiff filed a petition to probate the will drafted by the defendants, the fiancé’s brother and father filed a complaint to set aside the will based on the failure to comply with certain Mississippi requirements. The plaintiff filed an answer in the will contest case on May 10, 2021.
The plaintiff eventually lost the will contest case, and an earlier will was probated. The plaintiff filed this legal malpractice claim against the defendants as a beneficiary of her fiancé’s will. The legal malpractice complaint was filed on September 14, 2023, but the plaintiff and the defendants had entered a tolling agreement in July 2022. The defendants moved for summary judgment based on the statute of limitations, arguing that the legal malpractice claim accrued no later than May 2021. The one-year statute of limitations had therefore expired before the tolling agreement was executed, so the tolling agreement “did not affect the timeliness of [the plaintiff’s] complaint.” The trial court agreed, granted summary judgment to the defendants, and the Court of Appeals affirmed.