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IN RE KIPNIS SECTION 3.4 TRUST

No. 1 CA-CV 13-0260.

329 P.3d 1055 (2014)

235 Ariz. 153

In the Matter of The KIPNIS SECTION 3.4 TRUST under The Dorothy B. Kipnis Survivor's Trust Agreement, dated November 26, 1990, Jane Kipnis Hammerman; DBK Residuary Property, LLC; and BOKF, N.A., dba Bank Of Arizona, as Successor Trustee of the Section 3.4 Trust under The Dorothy B. Kipnis Survivor's Trust Agreement, dated November 26, 1990, Petitioners/Appellees, v. The Northern Trust Company, an Illinois corporation, Respondent/Appellant.

Court of Appeals of Arizona, Division 1.

June 3, 2014.

Attorney(s) appearing for the Case

Becker & House, PLLC By Mark E. House , Allison E. Evans , Scottsdale, Counsel for Petitioners/Appellees.

Fennemore Craig, P.C. By Roger T. Hargrove , Jane A. Proctor , Alexander R. Arpad , Phoenix, Counsel for Respondent/Appellant.

Judge PETER B. SWANN delivered the opinion of the Court, in which Presiding Judge ANDREW W. GOULD and Judge JON W. THOMPSON joined.

OPINION

SWANN, Judge.

¶ 1 This case concerns the scope of a trustee's attorney-client privilege as against a beneficiary and a successor trustee. The trial court concluded that because the trustee had sought legal advice from trust counsel using trust funds, the trustee could not withhold any of its attorney-client communications from the beneficiary or the successor trustee. We adopt the fiduciary exception to the attorney-client privilege and hold...

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