Legal Question in Wills and Trusts in Virginia
Attorney client priviledge
I was present during the signing of my parent's Revocable Trust & was present during the discussions about the Trust. My father died last month. I have requested a copy of my Father's Trust from the attorney who prepared the Trust documents & from my mother who is the successor Trustee. My mother has not responded. The attorney sent me a letter indicating he can not give me a copy of the Trust due to his attorney/client priviledge stating my parents are the clients. I say my parents lost their attorney / client priviledge due to me being present during the discussion phase & also during the signing & witnessing. Can I use this point for the attorney to give me a copy of the Trust? Thank you.
1 Answer from Attorneys
Re: Attorney client priviledge
Your attempts to secure a copy of the trust document are misdirected, i.e., they should go to the trustee rather than her attorney.
Virginia's Uniform Trust Code found at Va. Code Sec. 55.548.13:01A. specifies: "A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee shall promptly respond to a beneficiary's request for information related to the administration of the trust."
And subsection B1. of the same statute states as follows: "Upon request of a beneficiary, the trustee shall promptly furnish to the beneficiary a copy of the trust instrument."
And the beneficiary who unreasonably fails to comply may be subject to removal or other sanctions.
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