In a recent decision by the US Court of Appeals for the Third Circuit, attorney-client emails about an estate’s intentions were deemed privileged, overturning a previous district court’s ruling. This case centers on communications involving Robert Z. Maigetter and his attorney, Sarah A. Eastburn, regarding the testamentary wishes of Maigetter’s late wife, Barbara J. Berot. Berot’s son, Alexis Kyriakopoulos, had sought access to 12 emails as part of an ongoing legal dispute.
The appellate court’s decision reinforces the limits of the testamentary exception to privilege, which traditionally applies only to the client themselves and not third parties. The district court’s earlier ruling had extended this exception, potentially altering the bounds of will-related discovery in legal proceedings. According to the court’s opinion, the lower court overstepped its authority by granting access to these emails, thus the decision was reversed.
This case has prompted further discussion about the scope of privileged communications in the context of estate planning. Legal professionals should take note of this ruling to understand the protections afforded to communications between clients and attorneys when third-party interests are involved. For additional details on the case and the implications of this decision, visit Bloomberg Law.