| Chapter 057 |
| 2025 -- S 0356 Enacted 06/13/2025 |
| A N A C T |
| RELATING TO FIDUCIARIES -- APPLICATION OF LAWS TO TRUSTS |
Introduced By: Senators LaMountain, and McKenney |
| Date Introduced: February 21, 2025 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Chapter 18-1 of the General Laws entitled "Application of Laws to Trusts" |
| is hereby amended by adding thereto the following section: |
| 18-1-5. Confidential communications. |
| (a) A communication between an attorney and a client acting as a trustee or other fiduciary, |
| is privileged and protected from disclosure to the same extent as if the client was acting in the |
| client's individual capacity and not acting as a trustee or other fiduciary. |
| (b) The privilege is not waived by: |
| (1) A fiduciary relationship between the trustee or other fiduciary, and a beneficiary of the |
| trust; or |
| (2) The use of trust property to compensate the attorney for legal services rendered to the |
| trustee or other fiduciary. |
| (c) If an attorney's client is a trustee or other fiduciary, then the attorney's client is only the |
| person acting as trustee or other fiduciary. A successor trustee or other fiduciary is not the attorney's |
| client solely by reason of succeeding the person with whom the attorney had an attorney-client |
| relationship. |
| (d) A trustee or other fiduciary, and their successor may agree to share privileged |
| communications relating to some or all matters involving the trust. The disclosure of privileged |
| communications under the agreement does not waive the disclosing party's privilege. Unless the |
| agreement provides otherwise, privileged communications disclosed under the agreement shall not |
| be disclosed to a third party without the disclosing party's consent or a court order. |
| (e) This section shall not impair or abridge the law governing exceptions to the attorney- |
| client privilege relative to claimants through the same deceased. |
| SECTION 2. This act shall take effect upon passage. |
| ======== |
| LC001328 |
| ======== |