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Court upholds attorney-client privileges in probate case.
The 9th U.S. Circuit Court of Appeals ruled May 25 that notes used to draft a living will in a case involving a now deceased great-grandmother could not be turned over as evidence.
The case arises out of a challenge to a will that Matilda Covington of the Washington Confederated Colville Tribes drafted, bequeathing her estate to her great-grandson instead of her living grandchildren.
The estate was to be administered by the minor great-grandson's mother, but two other grandchildren are challenging Covington's mental capacity when she rewrote the will.
The Department of Interior's Office of Hearings and Appeals that monitors probate proceedings for Native Americans supported their position that notes Covington wrote to her attorney would help shed light on what she was thinking when she drafted the will three days before her death.
DOI argued federal law allowing the notes to be taken into evidence should apply.
The Colville Tribal Legal Services helped Covington write the will in 1999. Director James Edmonds argued that attorney-client privilege is guaranteed under Washington laws.
The Ninth Circuit agreed, ruling that state law applied and the notes were inadmissible.
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Source: HighBeam Research, Court upholds attorney-client privileges in probate case.