Rogers hired Smith, a licensed attorney, to draft a valid will for him. Rogers requested that the terms of the will provide that the bulk of his estate be transferred at his death to his longtime companion, Harris. Smith did draft the will, but the will was improperly executed and was therefore held to be invalid. When Rogers died, his estate went to his estranged brother, Arthur, under the states intestacy laws. (These are laws that determine who get the decedents property when the decedent dies without a valid will.) Harris sues Smith for damages from the breach of the contract between Smith and Rogers regarding the drafting of the will. Can Harris enforce Rogers contract? (Hint: Who was intended to be benefited by the contract between Rogers and Smith?) Explain.

Hint: A contract to draft a will between an attorney and a client is a third party beneficiary contract. The intended beneficiaries are the heirs under the will. If that contract was breached by the attorney by improperly drafting the will, then should the heirs be able to sue for breach of contract as the done beneficiaries of the will?