Legal Opinion

In re the Estate of Freilich

New York Surrogate's Court

Decided February 22, 1999Published

1Opinion of the Court

OPINION OF THE COURT

Lee L. Holzman, J.

The primary issue raised in this motion and cross motion is whether the respondent may be compelled to produce at her examination before trial her own wills and trusts or whether the attorney-client privilege or the confidential, ambulatory nature of the will of a living person protects these documents from disclosure. The court holds that these documents are not protected by the attorney-client privilege. However, the confidential nature of these documents dictates that disclosure should be compelled only upon a strong showing of necessity. Here, a…

2Cases cited8 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Briton v. Knott Hotels Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  3. Muller v. SorensenAppellate Division of the Supreme Court of the State of New York · 1988
  4. Bower v. WeismanDistrict Court, S.D. New York · 1987
  5. Spancrete Northeast, Inc. v. Elite Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1989

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