20040004 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20040004

Rules: 4–1.6

Transactions with Persons other than Clients

Subject: Confidentiality; Deceased Client; Estates, Wills, and Trusts

Summary: lawyer may provide copy of decedent's will to family in certain circumstances

QUESTION: May Attorney release a copy of a Will drafted and executed by a client, purportedly deceased, when relatives of the deceased testator say the testator’s personal representative has not filed the Will or opened an estate. Attorney has no proof of testator’s death.

ANSWER: Attorney should request evidence of testator’s death. Unless Attorney has reason to believe that the testator revoked the Will prior to death, Attorney may provide a copy of the Will to a member of the testator’s family or any other interested person who expresses intent to bring the matter to the attention of the probate court. Attorney may not disclose any other information related to the Will, unless ordered to do so by a court the issue of confidentiality has been fully presented.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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