Marc hired Otto

Marc hired Otto, an attorney, to draft his will. The will named Benjamin and others as beneficiaries. When Marc died, it was discovered that the will was improperly drafted, violated state law, and was therefore ineffective. Marc's estate was transferred pursuant to the state's intestate laws. Benjamin did not receive the $75,000 he would have otherwise received had the will been valid. Benjamin sued Otto for breach of the Marc-Otto contract to recover what he would have received under the will. Who wins? Why?
Check out Lucas v. Hamm, 364 P.2d 685 (Cal. 1961) if you want)