The Supreme Court has allowed an appeal from an order directing a trustee to provide the beneficiaries with unredacted copies of lawyer fee invoices that the trustee paid from trust funds. Both the Orphans’ Court and the Superior Court had … Continue reading
Tag Archives: Attorney-client privilege
The wife of the decedent and executor of his estate, who had asserted attorney-client privilege during discovery, could not then waive the privilege at trial unless the opposing litigants could first conduct discovery regarding the communications for which the privilege … Continue reading
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 … Continue reading
In a dispute over legal fees paid by a trustee, the Orphans’ Court ordered the trustee to turn over to the beneficiaries unredacted invoices for legal fees paid and, on appeal, the Superior Court held that the order was not … Continue reading
In-house legal opinions relating to the exercise of trustee discretion were not protected by attorney-client privilege and are subject to discovery by beneficiaries seeking to remove the trustee. Warriner Trusts, 6 Fid.Rep.3rd 223 (O.C. Susquehanna Co. 5/4/2016). … Continue reading
Any “testamentary exception” to attorney-client privilege under Pennsylvania law does not apply to a subpoena to the decedent’s attorney in a defense to a challenge to life insurance beneficiary designations alleged to be the result of undue influence. Collautt v. … Continue reading
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 … Continue reading
In a will contest for undue influence, discovery of estate planning documents from lawyer for testator is allowable under the testamentary exception to the attorney-client privilege. Cohen Estate, 3 Fid. Rep. 3d 145 (O.C. Bucks 2012) (Opinion of Gilman, J.) … Continue reading
Issues before the Court in appeal from probate of will contest: (1) does trustee have standing; (2) does subpoena requesting decedent’s legal files violate attorney-client privilege and how should privilege be claimed per document; and (3) were the subpoenas for … Continue reading