Recent Case: Testamentary Exception Applies to Trusts

In a decision of first impression, the North Carolina Court of Appeals held in Steele v. Kenna, No. COA25-530 (N.C. Ct. App. Feb. 18, 2026) that the testamentary exception to the attorney-client privilege applies to trust disputes (not just will contests) so that in a post-death controversy over who takes by succession under a trust, the settlor’s communications with estate planning counsel regarding dispositive intent are discoverable.