Senate Bill S6409

Signed By Governor
2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S6409 (ACTIVE) - Details

See Assembly Version of this Bill:
A7601
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4503, CPLR

2019-S6409 (ACTIVE) - Summary

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

2019-S6409 (ACTIVE) - Sponsor Memo

2019-S6409 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6409
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2019
                                ___________
 
 Introduced by Sen. GAUGHRAN -- (at request of the Office of Court Admin-
   istration)  --  read twice and ordered printed, and when printed to be
   committed to the Committee on Rules
 
 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; AND
   (III) THE FIDUCIARY'S TESTIMONY THAT HE  OR  SHE  HAS  RELIED  ON  THE
 ATTORNEY'S ADVICE SHALL NOT BY ITSELF CONSTITUTE SUCH A WAIVER.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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