[WSBAPT] Release copy of Will of Deceased Client

[Jade Coppieters]

The PR or an heir may waive the attorney-client privilege. Martin v. Shaen, 22 Wn.2d 505 (1945). But I'm not sure privilege attaches anyway. Privilege protects communications between lawyers and clients for the purpose of legal advice. The will was intended to be disclosed at the decedent's death and isn't a communication between client and attorney.

Ethically, the duty of confidentiality continues after death. "After death, the lawyer may disclose confidential information if the client gave informed consent before death, or if the disclosure is impliedly authorized in order to carry out the representation. For example, depending on the specific facts, disclosure of confidential client information after the client's death to the personal representative of the client's estate may be impliedly authorized in order that the estate will be properly and thoroughly administered." AO 175.


Jadrian M. Coppieters, Esq.
Phone: 206-236-1500
Fax: 306-905-5912

[cid:image001.gif at 01D726EF.43D4FCB0]<http://www.scarfflaw.com/>

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It is my understanding that I cannot release a copy of the 2019 Will, even though it was revoked by the 2020 Will, as the PR is the only person who can waive the attorney-client privilege, correct?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

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210401/35e75806/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 12622 bytes
Desc: image001.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210401/35e75806/image001.gif>