Fiduciary Exception to Attorney-Client Privilege of Executor

The beneficiaries of an estate, having filed objections to the executor’s account, petitioned for discovery of all files relating to the estate; the court ordered that all files relating to the management of the estate be turned over to the beneficiaries, including all opinions of counsel to the executor made during the administration (under the fiduciary exception to attorney-client privilege), except for opinions of counsel in regards to litigation against the executor (to which a privileged log was required).  Thouron Estate (No. 2), 3 Fid.Rep.3d 443 (O.C. Chester 10/16/2013) (Opinion by Tunnell, J.)

Print Friendly, PDF & Email

Comments are closed.