Kevin P. Allen partner with Duane Morris. Courtesy photoThe Testamentary Exception Does Not Permit a Decedent to Impliedly Waive a Survivor’s Attorney-Client Privilege
The U.S. Court of Appeals for the Third Circuit recently held that the testamentary exception to the attorney-client privilege does “not grant the deceased client the power to waive a privilege held by” the living, even if doing so would further the decedent’s testamentary intent.
December 03, 2024 at 12:24 PM
6 minute read
The U.S. Court of Appeals for the Third Circuit recently held that the testamentary exception to the attorney-client privilege does “not grant the deceased client the power to waive a privilege held by” the living, even if doing so would further the decedent’s testamentary intent. See Kyriakopoulos v. Maigetter, No. 23-2276 (Nov. 20, 2024). Interesting in its own right, Kyriakopoulos also raises the fundamental question of whether Pennsylvania recognizes the testamentary exception at all.
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