If a lawyer represents a testamentary trust, must the lawyer disclose to residual heirs that the trustees distributed all of the trust's assets?

Plain-English summary

The committee understood that the inquiring lawyer represents a testamentary trust, one of whose co-trustees is the wife of the deceased. Relying on the principles in Estate of Larson, 103 Wn.2d 517 (1985), the committee was of the opinion that, in this situation, an attorney-client relationship exists between the lawyer and the wife.

The co-trustees had distributed all of the corpus of the trust, and the lawyer asked whether there was any duty to disclose that fact to the residual heirs. Based on the attorney-client relationship between the lawyer and the wife, the committee was of the opinion that disclosure would only be permitted pursuant to RPC 1.6.

Currency note

This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule it discusses, RPC 1.6 (confidentiality of information), corresponds to Model Rule 1.6 and has since been amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Who is the lawyer's client when the lawyer represents a testamentary trust?

A: Per the opinion, on these facts the committee found an attorney-client relationship between the lawyer and the co-trustee wife, relying on the principles in Estate of Larson, 103 Wn.2d 517 (1985).

Q: Must the lawyer tell the residual heirs that the trustees distributed all of the trust's assets?

A: The committee was of the opinion that, given the attorney-client relationship with the wife, disclosure of that fact to the residual heirs would only be permitted as RPC 1.6 allows.

Background and rules framework

The opinion applies Washington RPC 1.6 (confidentiality of information), corresponding to Model Rule 1.6. The committee made the disclosure question turn on the identity of the client: because an attorney-client relationship exists between the lawyer and the co-trustee wife (under the principles of Estate of Larson), information about the trust's administration is the client's confidence, and disclosure to the residual heirs is governed by, and limited to what is permitted under, RPC 1.6.

Citations and references

Rules of Professional Conduct:

• Washington RPC 1.6 (confidentiality of information), corresponding to Model Rule 1.6.

Cases:

• Estate of Larson, 103 Wn.2d 517 (1985): cited for the principles under which an attorney-client relationship exists between the lawyer and the co-trustee.

See also

• WSBA Ethics Op. 1216: a lawyer named testamentary trustee in a will the lawyer drafted
• WSBA Ethics Op. 1213: a client's whereabouts as a protected confidence under RPC 1.6

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=301

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1221
Year Issued: 1988
RPC(s): RPC 1.6
Subject: Lawyer for testamentary trust; duty of disclosure to residual heirs

From your inquiry, the Committee understood that you represent a testamentary trust, one of the co-trustees of which is the wife of the deceased. The Committee was of the opinion, based upon the principles set out in Estate of Larson, 103 Wn.2d 517 (1985) that in this situation, an attorney-client relationship exists between you and the wife. The Committee understood from your inquiry that the co-trustees have distributed all of the corpus of the trust, and that you are concerned whether you have any duty of disclosure of that fact to the residual heirs. The Committee is of the opinion, based upon the attorney-client relationship between you and the wife, that disclosure would only be permitted pursuant to RPC 1.6.