Attorney-Client Privilege Waived in Will Contest

The beneficiary of a putative will has standing to request a waiver of attorney-client privilege in a dispute over the validity of the will due to lack of testamentary capacity, allegations of fraud in the execution of a note by the decedent without consideration and the execution and attempted probate of wills and trusts while the decedent lacked testamentary capacity were sufficient to invoke the crime-fraud exception to the attorney-client privilege, and the interests of justice require waiver of the decedent’s attorney-client privilege when the decedent’s attorneys are most likely to be able to provide relevant evidence of the decedent’s testamentary capacity.  Hughes Estate, 8 Fid.Rep.3d 169 (O.C. Cumberland Co. 2018).

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