Privileged communications; applicability of attorney-client relationship.

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1. Any communication between an attorney and a family trust company or licensed family trust company acting as a fiduciary is privileged and protected from disclosure to the same extent as if the client were acting in his or her individual capacity.

2. The privilege is not waived by:

(a) A fiduciary relationship between the family trust company or licensed family trust company and a beneficiary of a trust; or

(b) The use of trust property to compensate the attorney for legal services rendered to the family trust company or licensed family trust company as a fiduciary.

3. The attorney-client relationship between an attorney and a family trust company or licensed family trust company acting as a fiduciary shall not extend to a successor fiduciary to the family trust company or licensed family trust company.

4. A family trust company or licensed family trust company acting as a fiduciary and its successor fiduciary may, pursuant to an agreement, share privileged communications relating to the trust or estate. The disclosure of privileged communications under the agreement does not waive the disclosing party’s privilege. Unless otherwise specified in the agreement, privileged communications disclosed under the agreement shall not be disclosed to a third party without the disclosing party’s consent.

5. This section does not abridge, limit, impair, create, enlarge or otherwise affect the law governing exceptions to the attorney-client privilege relative to a claimant through the same deceased person.

(Added to NRS by 2015, 1209)


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