Successor trustee filed interpleader action against several defendants, including school and camp, and alleged that original trustee's attorney exerted undue influence over him as to gift of nearly entirety of the trust estate to school. Attorney for original trustee, who had died, refused to produce certain discovery, claiming attorney-client privilege. Testamentary exception applies to attorney-client privilege in a case involving a trust, as to documents relevant to dispute as to whether attorney exerted undue influence over trustee in designation of beneficiaries of trust. Documents listed in attorney's privilege log were not created in preparation for impending or pending litigation, and thus are not protected as work product. (O'BRIEN and SCHMIDT, concurring.)
Illinois Appellate Court
Civil Court
Trusts