In short: In Florida, communications between a trustee or personal representative and their lawyer are privileged against the beneficiaries, the same as any client’s (§ 90.5021). Only the fiduciary is the client. The crime-fraud exception still applies. Beneficiaries must be told about the privilege in the trustee’s and personal representative’s notices.
Beneficiaries often assume that because the trust pays the lawyer, the lawyer works for them. In Florida, that is wrong, and the statute says so.
The Statute
"A communication between a lawyer and a client acting as a fiduciary is privileged and protected from disclosure under s. 90.502 to the same extent as if the client were not acting as a fiduciary. In applying s. 90.502 to a communication under this section, only the person or entity acting as a fiduciary is considered a client of the lawyer." (§ 90.5021(2))
The fiduciaries covered include personal representatives, trustees, administrators ad litem, curators, guardians, conservators, and agents under a power of attorney (§ 90.5021(1)).
Some states recognize a "fiduciary exception" that lets beneficiaries see advice paid for by the trust. Florida’s statute rejects that approach.
You Are Told About It Up Front
The Legislature made the privilege part of the required notices:
- The trustee’s notice of acceptance must say the fiduciary lawyer-client privilege applies to the trustee and the trustee’s lawyer (§ 736.0813(1)(a)).
- The personal representative’s notice of administration must say the same (§ 733.212(2)(b)).
The Exception That Matters
"This section does not affect the crime or fraud exception to the lawyer-client privilege provided in s. 90.502(4)(a)." (§ 90.5021(3))
If the fiduciary used the lawyer’s services to commit or plan a crime or fraud, the communications are not protected. Proving that is hard, but it is the main door.
What Beneficiaries Can Still Get
The privilege protects communications. It does not hide facts or the administration itself. Beneficiaries still have:
- The right to trust accountings and to reasonable information about the trust (§ 736.0813).
- Bank and brokerage statements, appraisals, closing statements, and invoices, which are records of the trust, not legal advice.
- Discovery of facts in litigation. A fact doesn’t become privileged because it was told to a lawyer.
Medical and Mental Health Records
Capacity and undue influence cases turn on medical records. Those have their own privacy protections and their own discovery fights, and courts handle sensitive records carefully. Ask early, through proper discovery, and expect objections.
Watch: the videos behind this article
Whose Lawyer Was He? Trustee, Beneficiaries, and the Fiduciary Exception to Privilege
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments over privilege and records in fiduciary cases, posted on the channel. An argument is not a ruling: read the written opinion, and check whether later statutes or cases changed the law, before relying on any outcome.
Attorney Client Privledge and IRS Records in Estate Proceedings
Florida Probate Court Hearing Mental Health Records Dispute
Go Deeper
- Your Trustee Won’t Show You Documents? That’s Already a Violation of Florida Law
- Florida Trustee Duties and Beneficiary Rights
- Can You Trust Your Trustee? Florida Trust Code Explained
Frequently Asked Questions
Is a trustee’s communication with their lawyer privileged against beneficiaries in Florida?
Yes. Under § 90.5021, communications between a lawyer and a client acting as a fiduciary are privileged to the same extent as any client’s, and only the fiduciary is the lawyer’s client.
Does Florida recognize a fiduciary exception to the attorney-client privilege?
No. Section 90.5021 provides that only the fiduciary is the client, so beneficiaries generally can’t obtain the trustee’s or personal representative’s privileged communications.
Are there exceptions to the fiduciary lawyer-client privilege?
Yes. The crime-fraud exception in § 90.502(4)(a) still applies (§ 90.5021(3)).
What can beneficiaries still obtain from a Florida trustee?
Trust accountings, reasonable information about the trust’s administration, and factual records such as statements, appraisals, and invoices. The privilege protects communications with counsel, not the facts.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a trust litigation lawyer for a dispute over trust or estate records, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
