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Assembly Bill A7868

2015-2016 Legislative Session

Relates to the privilege between a personal representative and the attorney to lifetime trustees

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2015-A7868 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง4503, CPLR
Versions Introduced in 2017-2018 Legislative Session:
A7088, A9000

2015-A7868 (ACTIVE) - Summary

Relates to the privilege between a personal representative and the attorney to lifetime trustees.

2015-A7868 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7868

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2015
                               ___________

Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on  Judici-
  ary

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  privilege between a personal representative and the attorney to  life-
  time trustees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 2 of subdivision (a) of section 4503 of the civil
practice law and rules, as added by chapter 430 of the laws of 2002,  is
amended to read as follows:
  2.  Personal  representatives. (A) For purposes of the attorney-client
privilege, if the client is a personal representative and  the  attorney
represents  the personal representative in that capacity, in the absence
of an agreement between the attorney and the personal representative  to
the contrary:
  (i)  No  beneficiary  of  the  estate  is, or shall be treated as, the
client of the attorney solely by reason of his or her status as  benefi-
ciary; and
  (ii)  The  existence  of a fiduciary relationship between the personal
representative and a beneficiary  of  the  estate  does  not  by  itself
constitute  or give rise to any waiver of the privilege for confidential
communications made in the course of professional employment between the
attorney or his or her employee and the personal representative  who  is
the client.
  (B)  For  purposes  of this paragraph, "personal representative" shall
mean (i) the administrator, administrator c.t.a., ancillary  administra-
tor,  executor,  preliminary executor, temporary administrator, LIFETIME
TRUSTEE or trustee to whom letters have been issued within  the  meaning
of  subdivision  thirty-four  of section one hundred three of the surro-
gate's court procedure act, and (ii) the guardian  of  an  incapacitated

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08839-02-5

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