CS/HB 325 Summary

• Creates fiduciary lawyer-client privilege (s. 90.5021) protecting communications between lawyers and clients acting as personal representatives, trustees, guardians, conservators, and other fiduaries, subject to existing crime or fraud exceptions.

• Revises intestate succession rules (s. 732.102) to grant the entire intestate estate to a surviving spouse when all descendants are shared between the spouse and decedent, and the spouse has no other descendants.

• Establishes new procedures allowing courts to reform wills to correct mistakes (s. 732.615) and modify wills to achieve tax objectives (s. 732.616), with courts authorized to award attorney's fees and costs in these proceedings.

• Clarifies that revocations of wills and trusts may be challenged on grounds of fraud, duress, mistake, or undue influence, and prohibits challenges to will or trust revocations before the testator's or settlor's death.

• Requires personal representatives and trustees to notify beneficiaries of the fiduciary lawyer-client privilege in initial notices of administration and trust information, and limits guardians' ability to challenge an incapacitated person's revocation of trusts (presumption against such challenges for devises).