The Pennsylvania Superior Court ruled that legal documents requested by a trusts’ beneficiaries in a dispute with trustees were not protected from discovery in a decision that comes a year after an evenly split high court left open a question of whether there is a fiduciary exception to attorney-client privilege.

The frontline appeals court opinion examined PNC Bank’s appeal of an Orphans’ Court decision granting a motion to compel discovery, in which the bank argued that a fiduciary exception ran contrary to Pennsylvania law.

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