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Bill

HB 65

Estates and Trusts - Fiduciaries - Attorney-Client Privilege

2026 Regular Session Introduced by Jon Cardin

HB 65 clarifies attorney-client privilege protections for estate and trust fiduciaries, potentially limiting beneficiary access to fiduciary-attorney communications during administration.

Approved by the Governor - Chapter 501
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Bill Summary · HB 65

Legislative bill overview

HB 65 modifies Maryland law regarding attorney-client privilege protections for fiduciaries (executors, trustees, etc.) managing estates and trusts. The bill appears to clarify or expand when fiduciaries can claim privilege for communications with their attorneys while conducting estate/trust business.

Why is this important

Attorney-client privilege is a cornerstone of the legal system, but applying it in fiduciary contexts creates practical tensions—beneficiaries often want access to information about how their inheritance is being managed. This bill addresses whether fiduciaries' private legal advice should be shielded from beneficiaries' scrutiny, directly affecting transparency in estate administration.

Potential points of contention

  • Beneficiary transparency vs. fiduciary confidentiality: Broader privilege protection for fiduciaries could limit beneficiaries' ability to challenge decisions or detect misconduct
  • Scope ambiguity: Unclear whether the privilege extends to personal legal matters of fiduciaries or only to estate/trust administration decisions
  • Litigation implications: Could affect discovery in disputes between beneficiaries and fiduciaries, potentially making wrongdoing harder to prove

Compiled from official sources — confirm details with the bill’s official record.

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