When does attorney-client privilege apply to a trust?

California, United States of America


The following excerpt is from Morgan v. Superior Court of Orange Cnty., 23 Cal.App.5th 1026, 233 Cal.Rptr.3d 647 (Cal. App. 2018):

When a trustee seeks legal advice on behalf of a trust, the trustee is the client and has the right to assert or waive the attorney-client privilege. The privilege vests in the office of the trustee, not in a particular person. Therefore, the right to assert the privilege is transferred from a trustee to his or her successor trustee. ( Moeller v. Superior Court (1997) 16 Cal.4th 1124, 1130-1131, 69 Cal.Rptr.2d 317, 947 P.2d 279.)

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