↓

Evans Estate Law Resources

Home Menu ↓
Skip to primary content
Skip to secondary content
  • Home
  • Resource Types
    • News
    • Articles
    • Opinions
    • Rules and Regs.
    • Directories
    • Statutes
    • Rates
    • Tips
    • Overview
    • Forms
  • Rate Tables
    • Applicable Federal Rates
    • Section 7520 Rates
    • Blended Annual Rates
    • Federal Under/Overpayments Rates
    • PA Underpayment Rates
    • PA Common Level Ratios
    • Federal Estate and Gift Tax Rates and Exclusions
  • Directories
    • Registers of Wills
    • Clerks of Orphans’ Courts
    • PA Legislation Pending
    • Attorney General Offices and Notices
    • Software and Services for an Estates Practice
    • Eligible Institutions for Fiduciary Funds
  • About Us
    • Daniel B. Evans
  • Login/Membership
    • Log In
    • Membership Billing
    • Membership Cancel
    • Membership Checkout
    • Membership Confirmation
    • Membership Invoice
    • Membership Levels
Home→Tags Attorney-client privilege 1 2 >>

Tag Archives: Attorney-client privilege

Post navigation

← Older posts

Superior Court Affirms Fiduciary Exception to Attorney-Client Privilege

The Superior Court has followed the plurality opinion in In re Estate of McAleer, 248 A.3d 416 (Pa. 2021), and held that the “fiduciary exception” to the attorney-client privilege and attorney work product doctrine is not contrary to the law … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Fiduciary exception

Non-Reimbursable Legal Fees of Fiduciaries

Posted on July 12, 2021 by Daniel EvansNovember 11, 2021

The recent decision of the Supreme Court In re: Estate of William K. McAleer, 248 A.3d 416, ___ Pa. ____ (4/7/2021), is being widely discussed in the context of the extent to which the opinions and time records of the...

This content is for Subscriber members only.
Log In Register
Posted in Articles | Tagged Attorney fees, Attorney-client privilege, Counsel fees and costs, Executor commissions

Evenly Divided Supreme Court Affirms Fiduciary Exception to Attorney-Client Privilege

Posted on April 19, 2021 by Daniel EvansMay 24, 2022

In a dispute over legal fees paid by a trustee, the Orphans’ Court had ordered the trustee to turn over to the beneficiaries unredacted invoices for legal fees paid, and an evenly divided Supreme Court has affirmed the order. In … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Collateral order, Discovery

Supreme Court to Consider Attorney-Client Privilege for Trustee

Posted on February 15, 2019 by Daniel EvansFebruary 15, 2019

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 →

Posted in News | Tagged Attorney-client privilege, Interlocutory order

Waiver of Previously Claimed 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 →

Posted in Opinions | Tagged Attorney-client privilege

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 … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Testamentary Capacity

Discovery of Attorney Invoices not Appealable

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 →

Posted in Opinions | Tagged Attorney-client privilege, Collateral order, Discovery

Discovery of Legal Advice to Trustee

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 →

Posted in Opinions | Tagged Attorney-client privilege

Attorney-Client Privilege and Beneficiary Designations

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 →

Posted in Opinions | Tagged Attorney-client privilege, Beneficiary designations, Undue influence

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 … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Discovery, Fiduciary exception

Post navigation

← Older posts

Contact Us:

Evans Law Office
101 Old York Road, Suite 303
Jenkintown, PA 19046
Telephone: (866) 348-4250
Email: resources@evans-legal.com
Site Work and Design Provided by M&K Early Design Group
© 2023 - Evans Estate Law Resources
↑