
We’ve read through many of the most interesting cases in 2018, and as in the previous years, the content doesn’t disappoint. Here are some highlights.
Privilege
Can a former trustee withhold from a successor trustee all of his communications with legal counsel? In California, the court in Morgan v. Superior Court1 said “No!” The court determined that if the settlor’s intent in drafting a trust is to protect beneficiaries from malfeasance, it follows that withholding attorney-trustee communications from a successor trustee doesn’t further that intent, because withholding such communications could effectively allow a trustee to intentionally violate fiduciary duties with no check on his conduct.
Conflicts of Law
How might a court in one state ...
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