MD HB65

Communications between an attorney and a client acting as a fiduciary remain protected by attorney-client privilege even when fiduciary funds (such as trust or estate assets) pay for the attorney's legal services

The fiduciary relationship between a fiduciary and beneficiary does not automatically waive or create a waiver of attorney-client privilege for communications between the fiduciary and their attorney

"Fiduciary" under this section includes agents as defined in § 17-101 of the Estates and Trusts Article (relating to powers of attorney)

The privilege may still be waived by the client (fiduciary) if they choose to do so

Effective date: October 1, 2026