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| 5 | 5 | | 2025 -- H 5365 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001312 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO FIDUCIARIES -- APPLICATION OF LAWS TO TRUSTS |
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| 16 | 16 | | Introduced By: Representatives Craven, Caldwell, and McEntee |
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| 17 | 17 | | Date Introduced: February 07, 2025 |
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| 18 | 18 | | Referred To: House Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Chapter 18-1 of the General Laws entitled "Application of Laws to Trusts" 1 |
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| 23 | 23 | | is hereby amended by adding thereto the following section: 2 |
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| 24 | 24 | | 18-1-5. Confidential communications. 3 |
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| 25 | 25 | | (a) A communication between an attorney and a client acting as a trustee or other fiduciary, 4 |
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| 26 | 26 | | is privileged and protected from disclosure to the same extent as if the client was acting in the 5 |
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| 27 | 27 | | client's individual capacity and not acting as a trustee or other fiduciary. 6 |
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| 28 | 28 | | (b) The privilege is not waived by: 7 |
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| 29 | 29 | | (1) A fiduciary relationship between the trustee or other fiduciary, and a beneficiary of the 8 |
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| 30 | 30 | | trust; or 9 |
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| 31 | 31 | | (2) The use of trust property to compensate the attorney for legal services rendered to the 10 |
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| 32 | 32 | | trustee or other fiduciary. 11 |
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| 33 | 33 | | (c) If an attorney's client is a trustee or other fiduciary, then the attorney's client is only the 12 |
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| 34 | 34 | | person acting as trustee or other fiduciary. A successor trustee or other fiduciary is not the attorney's 13 |
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| 35 | 35 | | client solely by reason of succeeding the person with whom the attorney had an attorney-client 14 |
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| 36 | 36 | | relationship. 15 |
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| 37 | 37 | | (d) A trustee or other fiduciary, and their successor may agree to share privileged 16 |
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| 38 | 38 | | communications relating to some or all matters involving the trust. The disclosure of privileged 17 |
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| 39 | 39 | | communications under the agreement does not waive the disclosing party's privilege. Unless the 18 |
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| 40 | 40 | | agreement provides otherwise, privileged communications disclosed under the agreement shall not 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001312 - Page 2 of 3 |
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| 44 | 44 | | be disclosed to a third party without the disclosing party's consent or a court order. 1 |
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| 45 | 45 | | (e) This section shall not impair or abridge the law governing exceptions to the attorney-2 |
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| 46 | 46 | | client privilege relative to claimants through the same deceased. 3 |
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| 47 | 47 | | SECTION 2. This act shall take effect upon passage. 4 |
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| 48 | 48 | | ======== |
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| 49 | 49 | | LC001312 |
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| 50 | 50 | | ======== |
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| 51 | 51 | | |
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| 52 | 52 | | |
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| 53 | 53 | | LC001312 - Page 3 of 3 |
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| 54 | 54 | | EXPLANATION |
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| 55 | 55 | | BY THE LEGISLATIVE COUNCIL |
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| 56 | 56 | | OF |
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| 57 | 57 | | A N A C T |
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| 58 | 58 | | RELATING TO FIDUCIARIES -- APPLICATION OF LAWS TO TRUSTS |
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| 59 | 59 | | *** |
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| 60 | 60 | | This act would provide that a communication between an attorney and client acting as a 1 |
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| 61 | 61 | | trustee or other fiduciary, is privileged and protected from disclosure to the same extent as if the 2 |
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| 62 | 62 | | client was acting in his, her, or its individual capacity. 3 |
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| 63 | 63 | | This act would take effect upon passage. 4 |
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| 64 | 64 | | ======== |
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| 65 | 65 | | LC001312 |
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| 66 | 66 | | ======== |
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