T HE A T T ORNE Y - C L I EN T PR I V I L EGE I N E S T A T E AND T RUS T D I S PU T E S
Most people are familiar with the attorney-client privilege, which generally shields communications between a client and their lawyer from disclosure. But did you know that, in estate and trust disputes, the attorney-client privilege often doesn’t apply to
might have been the product of someone else’s undue influence. Under other circumstances, an estate planning lawyer might be called to testify about the creation or contents of a lost will. In older cases, Virginia courts have gone so far as to admit a lost will to
communications between a decedent and their estate planning lawyer? That principle is commonly referred to as the “testamentary exception” to the attorney- client privilege.
probate without anyone presenting a paper copy when an estate planning lawyer was able to offer testimony reconstructing what the will said. The Supreme Court of Virginia has applied the testamentary exception to the attorney-client privilege for over a century. It applies to wills and “other similar documents.” Although the Supreme Court of Virginia has not specifically applied the testamentary exception to trusts, those are likely the sorts of “other similar documents” to which the court has referred.
In a dispute between heirs or beneficiaries under a decedent’s will or trust,
communications between the decedent and their estate planning lawyer can shed light on important issues. For example, an estate planning lawyer likely had conversations with the decedent about how they intended to divide their property. If the language of a will or trust is ambiguous, the estate planning lawyer may testify about those communications to shed light on the decedent’s intent.
The “testamentary exception” is an important consideration for anyone making a will or trust. While it
is important to be open and candid with your estate planning lawyer, you should also be aware that, if a dispute arises between your heirs or beneficiaries after you’re gone, they can likely discover communications with your estate planning lawyer that you thought were private.
Estate planning lawyers may also possess knowledge relating to their client’s mental capacity at the time they executed their will or trust, and these lawyers often have insight into whether the will or trust
SUDOKU
TASTY THAI FRIED RICE
INGREDIENTS
DIRECTIONS
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2 tbsp olive oil
1. In a large nonstick skillet, heat the olive oil over medium heat. Add the onion and cook for 2–3 minutes, until softened. 2. Add the mushrooms and broccoli. Cook for 5–7 minutes, until the broccoli is tender. 3. Add the garlic and cook for 30 seconds, until fragrant. 4. Finally, add the rice and cook, stirring constantly, for 3–4 minutes. 5. Remove skillet from the heat and stir in the peanuts and soy sauce. 6. Serve garnished with your toppings.
1 onion, chopped
8 oz baby bella mushrooms, sliced 4 cups broccoli, chopped to bite-size pieces
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4 cloves garlic, minced
5 cups jasmine rice, cooked and cooled 1/2 cup peanuts, chopped
SOLUT ION
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2 tbsp soy sauce
Toppings of choice for serving (sliced green onions, sliced cucumber, chopped peanuts, lime wedges, Sriracha, etc.)
Inspired by OhMyVeggies.com
www.MottleyLawFirm.com | 3
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