[WSBAPT] Release copy of Will of Deceased Client

[Mark Vohr]

Sarah -

            I understand Washington law to be clear that the file of  a deceased client, including subsequently revoked wills are subject to the attorney client privilege.   There are certain exceptions worthy of note, see RCW  11.12.265 and RCW 11.20.010.   Otherwise, only the PR can waive the privilege, although in the context or a will contest I believe the court can as well.

            Since revoked wills are generally an issue in a will contest, it is pretty routine, at least in my experience, that the court will authorize their release.  So much so that in most instances the PR, with the advice of counsel, will simply stipulate to the release thereby saving the hassle and expense of going to court, where it is likely the will ends up being released.  I would, however, be careful not to open up your file without authorization.

Regards,

Mark

Ohana Fiduciary Corp.
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com>      www.ohanafc.com<http://www.ohanafc.com/>

Click here<https://ohanafc.sharefile.com/r-r15ff53eeb574c7a9> to upload files.


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From: wsbapt-bounces at lists.wsbarppt.com <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>
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It is my understanding that I cannot release a copy of the 2019 Will, even though it was revoked by the 2020 Will, as the PR is the only person who can waive the attorney-client privilege, correct?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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