Estates and Trusts - Fiduciaries - Attorney-Client Privilege
This bill clarifies that attorney-client privilege applies when a person managing another's assets (like a trustee or executor) hires a lawyer for legal advice about those assets - even if the lawyer is paid using the assets they manage. It directly affects estate and trust fiduciaries (such as executors or trustees) and their beneficiaries by ensuring private communications with attorneys remain protected. The key provision explicitly states that using fiduciary funds to pay for legal services does not waive the privilege, and a fiduciary relationship alone cannot override this protection. The law aims to prevent unintended disclosure of sensitive legal advice in estate and trust matters.
Bill status
signed
all 5 stages cleared
Introduction
Oct 2025
Committee Review
Apr 2026
House of Delegates Passage
Apr 2026
Senate Passage
Apr 2026
Signed into Law
May 2026
Introduced Oct 22, 2025
Signed May 12, 2026
Maddy AI version diff · 1 comparison
What changed between versions
First - Estates and Trusts - Fiduciaries - Attorney-Client Privilege
→
Third - Estates and Trusts - Fiduciaries - Attorney-Client Privilege
·
2 edits
MINOR
The bill was updated to reflect its progression from a pre-filed draft to an adopted measure with a favorable committee report, including new signature lines for the Governor and legislative leaders. The substantive legal text regarding attorney-client privilege for fiduciaries remains unchanged, though the line numbers and section formatting were reorganized.
TECHNICAL
Header metadata was updated to show the bill is now 'Adopted' with a 'Favorable' committee report and a new second reading date, while adding signature lines for approval.
Line numbers and section headers were renumbered and reformatted, but the actual legal content defining attorney-client privilege for fiduciaries was not altered.
Floor votes · Senate Mar 25, 2026 · House of Delegates Mar 5, 2026
How they voted
47–0
Passed · 2 other
Total votes 49
Mar 25, 2026
D
Democratic36
97% Yea
R
Republican13
92% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
16
Key actions
10
Committee
6
May 12, 2026
Signed into law
Approved by the Governor - Chapter 501
executive
Apr 13, 2026
Lower · Passed
Returned Passed
lower
Apr 13, 2026
Upper · Passed
Third Reading Passed
upper
Apr 9, 2026
Upper · Passed
Favorable Adopted Second Reading Passed
upper
Apr 9, 2026
Upper · Passed
Favorable Report by Judicial Proceedings
upper
Mar 25, 2026
Senate · Passed
Senate Vote: pass (47-0-2)
senate
Mar 19, 2026
Committee
Referred Judicial Proceedings
upper
Mar 18, 2026
Lower · Passed
Third Reading Passed
lower
Mar 13, 2026
Lower · Passed
Favorable Adopted Second Reading Passed
lower
Mar 13, 2026
Lower · Passed
Favorable Report by Judiciary
lower
Mar 5, 2026
House Of Delegates · Passed
House of Delegates Vote: pass (121-0-21)
house of delegates
Jan 14, 2026
Committee
First Reading Judiciary
lower
Oct 22, 2025
Introduced
Pre-filed
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Jon Cardin
DDemocratic
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