{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-520.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-520.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-520.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-520.1.html"}],"law_id":376288,"edition_id":2,"section_id":376288,"structure_id":53511,"section_number":"64.2-520.1","catch_line":"Legal duty; action for damages from legal malpractice concerning estate planning; third parties","history":"2017, cc. 43, 93; 2025, cc. 450, 467.","full_text":"A\n\nNotwithstanding § 55.1-119, an attorney does not owe a legal duty to any person other than the client in any engagement for the purpose of the client’s estate planning, including the provision of legal advice or the preparation of legal documents, unless the client and attorney enter into a signed, written agreement that expressly provides that the client and attorney intend to confer a benefit upon a third party by specific reference to this subsection.\n\nB\n\nNotwithstanding the provisions of this section, no action shall be based upon damages that may reasonably be avoided or that result from a change of law subsequent to the representation upon which the action is based.\n\n","order_by":null,"text":{"0":{"id":1404914,"text":"Notwithstanding § 55.1-119, an attorney does not owe a legal duty to any person other than the client in any engagement for the purpose of the client’s estate planning, including the provision of legal advice or the preparation of legal documents, unless the client and attorney enter into a signed, written agreement that expressly provides that the client and attorney intend to confer a benefit upon a third party by specific reference to this subsection.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1404915,"text":"Notwithstanding the provisions of this section, no action shall be based upon damages that may reasonably be avoided or that result from a change of law subsequent to the representation upon which the action is based.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":53511,"edition_id":2,"name":"Authority and General Duties","identifier":"3","label":"article","depth":4,"order_by":3,"parent_id":53508,"metadata":{"child_laws":12,"child_structures":0},"date_created":"2026-08-02 03:17:33","date_modified":"2026-08-02 12:37:08","permalink":{"id":1500431,"object_type":"structure","relational_id":53511,"identifier":"3","token":"64.2\/II\/5\/3","url":"\/64.2\/II\/5\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53508,"edition_id":2,"name":"Personal Representatives and Administration of Estates","identifier":"5","label":"chapter","depth":3,"order_by":4,"parent_id":53471,"metadata":{"child_laws":61,"child_structures":9},"date_created":"2026-08-02 03:17:31","date_modified":"2026-08-02 12:37:08","permalink":{"id":1500381,"object_type":"structure","relational_id":53508,"identifier":"5","token":"64.2\/II\/5","url":"\/64.2\/II\/5\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53471,"edition_id":2,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":53424,"metadata":{"child_laws":210,"child_structures":29},"date_created":"2026-08-02 03:16:56","date_modified":"2026-08-02 12:37:06","permalink":{"id":1499913,"object_type":"structure","relational_id":53471,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53424,"edition_id":2,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":136,"parent_id":null,"metadata":{"child_laws":776,"child_structures":114},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:05","permalink":{"id":1499783,"object_type":"structure","relational_id":53424,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":376279,"structure_id":53511,"section_number":"64.2-511","catch_line":"Powers of executor before qualification","url":"\/64.2-511\/","token":"64.2\/II\/5\/3\/64.2-511","metadata":false},{"id":376280,"structure_id":53511,"section_number":"64.2-512","catch_line":"Funeral expenses","url":"\/64.2-512\/","token":"64.2\/II\/5\/3\/64.2-512","metadata":false},{"id":376281,"structure_id":53511,"section_number":"64.2-513","catch_line":"Effect of death, resignation, or removal of sole executor","url":"\/64.2-513\/","token":"64.2\/II\/5\/3\/64.2-513","metadata":false},{"id":376282,"structure_id":53511,"section_number":"64.2-514","catch_line":"Duty of every personal representative","url":"\/64.2-514\/","token":"64.2\/II\/5\/3\/64.2-514","metadata":false},{"id":376283,"structure_id":53511,"section_number":"64.2-515","catch_line":"Duty of fiduciaries as to joint accounts","url":"\/64.2-515\/","token":"64.2\/II\/5\/3\/64.2-515","metadata":false},{"id":376284,"structure_id":53511,"section_number":"64.2-516","catch_line":"Duties of fiduciaries as to certain obligations of the United States","url":"\/64.2-516\/","token":"64.2\/II\/5\/3\/64.2-516","metadata":false},{"id":376285,"structure_id":53511,"section_number":"64.2-517","catch_line":"Exercise of discretionary powers by surviving executors or administrators with the will annexed","url":"\/64.2-517\/","token":"64.2\/II\/5\/3\/64.2-517","metadata":false},{"id":376286,"structure_id":53511,"section_number":"64.2-518","catch_line":"When personal representative may renew obligation of decedent","url":"\/64.2-518\/","token":"64.2\/II\/5\/3\/64.2-518","metadata":false},{"id":376287,"structure_id":53511,"section_number":"64.2-519","catch_line":"Suits upon judgment and contracts of decedent and actions for personal injury or wrongful death","url":"\/64.2-519\/","token":"64.2\/II\/5\/3\/64.2-519","metadata":false},{"id":376290,"structure_id":53511,"section_number":"64.2-520","catch_line":"Action for goods carried away, or for waste, destruction of, or damage to estate of decedent","url":"\/64.2-520\/","token":"64.2\/II\/5\/3\/64.2-520","metadata":false},{"id":376288,"structure_id":53511,"section_number":"64.2-520.1","catch_line":"Legal duty; action for damages from legal malpractice concerning estate planning; third parties","url":"\/64.2-520.1\/","token":"64.2\/II\/5\/3\/64.2-520.1","metadata":false},{"id":376289,"structure_id":53511,"section_number":"64.2-520.2","catch_line":"Reliance on certificate of qualification of a personal representative","url":"\/64.2-520.2\/","token":"64.2\/II\/5\/3\/64.2-520.2","metadata":false}],"previous_section":{"id":376290,"structure_id":53511,"section_number":"64.2-520","catch_line":"Action for goods carried away, or for waste, destruction of, or damage to estate of decedent","url":"\/64.2-520\/","token":"64.2\/II\/5\/3\/64.2-520","metadata":false},"next_section":{"id":376289,"structure_id":53511,"section_number":"64.2-520.2","catch_line":"Reliance on certificate of qualification of a personal representative","url":"\/64.2-520.2\/","token":"64.2\/II\/5\/3\/64.2-520.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-520.1\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapters 43<\/a> and 93<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2025, chapters 450<\/a> and 467<\/a>.<\/p>","references":false,"refers_to":[{"id":369210,"section_number":"55.1-119","catch_line":"When person not a party, etc., may take or sue under instrument","order_by":null,"url":"\/55.1-119\/"}],"permalink":{"id":1500473,"object_type":"law","relational_id":376288,"identifier":"64.2-520.1","token":"64.2\/II\/5\/3\/64.2-520.1","url":"\/64.2-520.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-520.1\/","token":"64.2\/II\/5\/3\/64.2-520.1","dublin_core":{"Title":"Legal duty; action for damages from legal malpractice concerning estate planning; third parties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-520.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding § 55.1-119<\/a>, an attorney does not owe a legal duty to any person other than the client in any engagement for the purpose of the client’s estate planning, including the provision of legal advice or the preparation of legal documents, unless the client and attorney enter into a signed, written agreement that expressly provides that the client and attorney intend to confer a benefit upon a third party<\/span> by specific reference to this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of this section, no action shall be based upon damages<\/span> that may reasonably be avoided or that result from a change of law<\/span> subsequent to the representation upon which the action is based. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLEGAL DUTY; ACTION FOR DAMAGES FROM LEGAL MALPRACTICE CONCERNING ESTATE\nPLANNING; THIRD PARTIES (\u00a7 64.2-520.1)\n\nA. Notwithstanding § 55.1-119, an attorney does not owe a legal duty to any\nperson other than the client in any engagement for the purpose of the\nclient’s estate planning, including the provision of legal advice or the\npreparation of legal documents, unless the client and attorney enter into a\nsigned, written agreement that expressly provides that the client and attorney\nintend to confer a benefit upon a third party by specific reference to this\nsubsection.\n\nB. Notwithstanding the provisions of this section, no action shall be based upon\ndamages that may reasonably be avoided or that result from a change of law\nsubsequent to the representation upon which the action is based.\n\nHISTORY: 2017, cc. 43, 93; 2025, cc. 450, 467.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}