Attorney-Client Privilege for Surviving Spouse

The “testamentary exception” to the attorney-client privilege would allow the admission of evidence of communications between the decedent and his lawyer in order to carry out the testamentary intentions of the decedent, but the exception will not be extended to communications between the surviving spouse and her lawyer in order to prove a contract to make a will. Kyriakopoulos v. Maigetter, ___ F.4th ___, No. 23-2276 (3rd Cir. 11/20/2024) (precedential; applying Pennsylvania law).

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