Bill > S0356

This bill amends Rhode Island's trust laws to clarify and strengthen attorney-client privilege for trustees and fiduciaries. It establishes that communications between an attorney and a client acting in a fiduciary capacity (such as a trustee) are just as confidential and protected from disclosure as communications with an individual client. The bill specifies that this privilege is not waived by the fiduciary relationship with trust beneficiaries or by using trust assets to pay for legal services. Additionally, the bill clarifies that the attorney's client is specifically the person acting as trustee, and a successor trustee is not automatically considered the attorney's client. The legislation allows trustees and their successors to potentially agree to share privileged communications without waiving privilege, though such shared communications cannot be disclosed to third parties without consent or a court order. The bill preserves existing legal exceptions to attorney-client privilege related to communications involving deceased persons, and will take effect immediately upon passage.

Justice

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