In estate and trust disputes, documents rarely tell the full story. Beneficiaries often suspect that key decisions happened “off paper,” inside emails or calls between a fiduciary and the lawyer advising the administration.
That is where privilege battles start. Attorney-client privilege generally protects confidential legal advice, but some courts recognize a fiduciary exception in certain trust and estate settings.
When a fiduciary seeks legal advice to carry out duties owed to beneficiaries, beneficiaries may have a stronger argument for access. Georgia does not spell this out as a bright-line rule in the trust code, so outcomes can turn on the specific facts and what the communications involve.
Fiduciary Exception Basics
A fiduciary, like a trustee or executor, owes duties of loyalty and care to others. The fiduciary exception, where recognized, usually focuses on purpose.
Communications about routine administration, like accounting, distributions, tax filings, and asset management, tend to draw more scrutiny than communications aimed at the fiduciary’s personal defense in a conflict with beneficiaries.
Reputable trust-and-estates authorities describe this split: Advice for administration may look less like private counsel and more like guidance paid for and obtained for the beneficiaries’ benefit.
Georgia Privilege Rules and Trustee Reporting Duties
Georgia recognizes attorney-client privilege by statute. At the same time, Georgia trust law requires trustees, upon reasonable request by a qualified beneficiary, to provide reports relevant to that beneficiary’s interest, including information about trust assets, receipts, disbursements, trustee acts, and key trust provisions.
Those two concepts collide in litigation. A beneficiary may demand transparency; a fiduciary may assert privilege. Courts often look closely at what the lawyer was asked to do, who the advice served, and whether the communication relates to administration or to a dispute where the fiduciary seeks self-protection.
Ask for the Right Records Early
If you believe a fiduciary mishandled an estate or trust, start with the basics: formal accountings, bank statements, closing documents, fee records, and distribution logs. Then identify the moments where decisions changed course. Privilege disputes become easier to frame when the timeline is clear and the request targets administration activity rather than broad “all emails with counsel.”
Take Steps to Protect Your Interests
The Williams Litigation Group handles Georgia estate litigation, including conflicts over fiduciary conduct and estate administration. We can evaluate what information beneficiaries can reasonably request, anticipate privilege defenses, and build a focused discovery plan. Reach us at 1-866-214-7036 or submit a request online.