Morgan v. Superior Court

The trust instrument at issue in this appeal purported to allow the former trustee to withhold from a successor trustee all of his or her communications with legal counsel. Consistent with statute and case law, the Court of Appeal held a trust may not allow a former trustee to withhold from a successor trustee all communications between that former trustee and the trust’s legal counsel. The attorney-client privilege vests in the office of the trustee, not in any particular person. A provision permitting a trustee to withhold documents from a successor trustee violates public policy and is unenforceable. Allowing a former trustee to withhold from a successor trustee communications with the trust’s former legal counsel would permit a trustee to intentionally (or with gross negligence or reckless indifference) violate duties with no check on his or her conduct. The trial court ordered the former trustee to turn over specified communications with the trust’s former legal counsel to the successor trustees and their current legal counsel. The former trustee sought a writ of mandate to reverse the trial court’s order. The Court of Appeal denied the petition. View "Morgan v. Superior Court" on Justia Law