SB 135 Maryland Senate · 2025 Regular Session

Estates and Trusts - Fiduciaries - Attorney-Client Privilege

SB 135 clarifies that attorney-client privilege applies to communications between an attorney and a client who also serves as a fiduciary (such as a trustee or executor), even when fiduciary funds (like trust money) pay for the legal services. This directly affects individuals managing estates or trusts and their beneficiaries by ensuring confidential legal advice remains protected. The bill amends Maryland's Estates and Trusts law (Section 15-117) to explicitly state that using fiduciary funds for legal fees does not waive the privilege, and a fiduciary relationship alone cannot invalidate this protection. It takes effect October 1, 2025.
Bill status passed 3 of 5 stages cleared
Introduction
Oct 2024
Committee Review
Mar 2025
Senate Passage
Mar 2025
House of Delegates Passage
Governor
Introduced Oct 19, 2024 Last action Mar 7, 2025
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 · 4 edits
MODERATE
This bill clarifies that attorney-client privilege applies to communications between an attorney and a client who acts as a fiduciary, even when fiduciary funds are used to pay legal fees. It also confirms that a fiduciary relationship between a fiduciary and beneficiary does not automatically waive this privilege.
Scope change
The bill expands the application of attorney-client privilege to include fiduciaries acting as clients, ensuring their legal communications remain protected even when using estate or trust funds for legal representation.
DEFINITION

Added clarification that 'fiduciary' includes an agent as defined in the relevant article.

REQUIREMENT

Established that attorney-client privilege applies to communications between attorneys and fiduciary clients, even when fiduciary funds pay legal fees, unless the client waives the privilege.

Confirmed that a fiduciary relationship between a fiduciary and beneficiary does not constitute a waiver of attorney-client privilege for communications between the attorney and the fiduciary.

TECHNICAL

Updated formatting and bill metadata including committee report status, adoption dates, and signature lines for governor and legislative officers.

Floor votes · Senate Feb 18, 2025

How they voted

430
Passed · 3 other
Total votes 46
Feb 18, 2025
D Democratic33
31 Yea 2
93% Yea
R Republican13
12 Yea 1
92% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
9
Key actions
4
Committee
4
Mar 7, 2025
Committee
Referred Judiciary
lower
Mar 6, 2025
Upper · Passed
Third Reading Passed
upper
Mar 4, 2025
Upper · Passed
Favorable Adopted
upper
Mar 3, 2025
Upper · Passed
Favorable Report by Judicial Proceedings
upper
Feb 18, 2025
Senate · Passed
Senate Vote: pass (43-0-3)
senate
Jan 8, 2025
Committee
First Reading Judicial Proceedings
upper
Oct 19, 2024
Introduced
Pre-filed
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Chris West
Chris West
RRepublican
MD
42