[WSBAPT] Release copy of Will of Deceased Client

[Philip N. Jones]

Take a look at the rules of evidence.  Down here in Oregon, we have ORE 503(4)(b) - no privilege between parties who claim through the same decedent.  It basically eliminates the privilege in a will contest.  But that does not necessarily mean you can hand out copies of the will to just anyone.  If no one offers a definitive answer, find an experienced probate litigator.  Or simply decline to furnish the will.
Phil Jones


Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Sarah Duncan
Sent: Thursday, April 1, 2021 11:45 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Release copy of Will of Deceased Client

Dear List mates:

I did a Will for a client in 2019, who later changed his Will with another attorney in 2020.   The most recent Will of 2020 is now under dispute and a possible will contest.   It is my understanding no probate has been commenced yet.  I have been asked by legal counsel for an interested party to release a copy of the 2019 Will.

It is my understanding that I cannot release a copy of the 2019 Will, even though it was revoked by the 2020 Will, as the PR is the only person who can waive the attorney-client privilege, correct?

I don't want to present roadblocks for anyone, but I don't want to be in breach of any duties owed to the deceased client.

Any insight would be helpful.

Thanks,
Sarah E. Duncan
ADAMS & DUNCAN, INC., P.S.
3128 Colby Avenue
Everett, WA 98201
Tel:  (425) 339-8556

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