- i -House Engrossed State of ArizonaHouse of RepresentativesFiftieth LegislatureFirst Regular Session2011
HOUSE BILL 2403
AN ACTAMENDING SECTIONS 12-2234, 14-2712, 14-10202, 14-10504, 14-10505, 14-10819,14-11014, 25-213, 28-2055 AND 33-1126, ARIZONA REVISED STATUTES; RELATING TOPROBATE.(TEXT OF BILL BEGINS ON NEXT PAGE)
H.B. 2403- 1 -Be it enacted by the Legislature of the State of Arizona:1Section 1. Section 12-2234, Arizona Revised Statutes, is amended to2read:312-2234.Attorney and client 4
A. In a civil action an attorney shall not, without the consent ofhis 5
THE ATTORNEY'Sclient, be examined as to any communication made by the client6tohimTHE ATTORNEY, orhis THE ATTORNEY'Sadvice giventhereonin the course7
of professional employment. An attorney's paralegal, assistant, secretary,8stenographer or clerkshall not, without the consent ofhis THAT PERSON'S9
employer,SHALL NOTbe examined concerning any fact the knowledge of which10
was acquired in such capacity.11B. ForTHEpurposes of subsection A, any communication is privileged12
between an attorney for a corporation, governmental entity, partnership,13business, association or other similar entity or an employer and any14employee, agent or member of the entity or employer regarding acts or15omissions of or information obtained from the employee, agent or member if16the communication is either:171. For the purpose of providing legal advice to the entity or employer18or to the employee, agent or member.192. For the purpose of obtaining information in order to provide legal20advice to the entity or employer or to the employee, agent or member.21C. The privilegedefined PRESCRIBEDin this sectionshall DOESnotbe22
construed toallow the employee to be relieved of a duty to disclose the23facts solely because they have been communicated to an attorney.24D. IF THE CLIENT IS A GUARDIAN, CONSERVATOR, PERSONAL REPRESENTATIVE,25TRUSTEE OR AGENT UNDER A POWER OF ATTORNEY, THE PRIVILEGE PRESCRIBED IN THIS26SECTION BELONGS ONLY TO THAT FIDUCIARY AND MAY NOT BE WAIVED BY A BENEFICIARY27OF THE FIDUCIARY RELATIONSHIP OR BY A SUCCESSOR FIDUCIARY.28E. THIS SECTION SHALL NOT APPLY TO ANY OF THE FOLLOWING:291. A COMMUNICATION RELEVANT TO AN ISSUE BETWEEN PARTIES WHO CLAIM30THROUGH THE SAME DECEASED CLIENT, REGARDLESS OF WHETHER THE CLAIMS ARE BY31TESTATE OR INTESTATE SUCCESSION OR BY INTER VIVOS TRANSACTION.322. A COMMUNICATION RELEVANT TO AN ISSUE CONCERNING AN ATTESTED33DOCUMENT EXECUTED BY A DECEASED CLIENT TO WHICH THE LAWYER IS AN ATTESTING34WITNESS.353. A COMMUNICATION RELEVANT TO AN ISSUE CONCERNING THE INTENTION OF A36DECEASED CLIENT WITH RESPECT TO A DEED OF CONVEYANCE, WILL, TRUST OR OTHER37WRITING EXECUTED BY THE CLIENT AND PURPORTING TO AFFECT AN INTEREST IN38PROPERTY.394. A COMMUNICATION RELEVANT TO AN ISSUE CONCERNING THE VALIDITY OF A40DEED OF CONVEYANCE, PAYABLE ON DEATH DESIGNATION, WILL, TRUST OR OTHER41WRITING EXECUTED BY A DECEASED CLIENT AND PURPORTING TO AFFECT AN INTEREST IN42PROPERTY. 43
H.B. 2403- 2 -Sec. 2. Section 14-2712, Arizona Revised Statutes, is amended to read:114-2712. Burdens relating to validity of governing instruments 2
A. A proponent of a governing instrument has the burden of3establishing prima facie proof of due execution in all cases.4B. It is a rebuttable presumption that a person who executes a5governing instrument is presumed to have capacity to execute the governing6instrument and to have done so free from undue influence and duress.7C. If the validity of a governing instrument is challenged on the8grounds of revocation by a later governing instrument, the validity of the9later governing instrument must be determined first.10D. Except as prescribed pursuant to subsections E and F of this11section, a party that challenges the validity of a governing instrument has12the burden of establishing the invalidity of that governing instrument by a13preponderance of the evidence.14E. A governing instrument is presumed to be the product of undue15influenceand is invalidif either:16
1. A person who had a confidential relationship to the creator of the17governing instrument was active in procuring its creation and execution and18is a principal beneficiary of the governing instrument.192. The preparer of the governing instrument or the preparer's spouse20or parents or the issue of the preparer's spouse or parents is a principal21beneficiary of the governing instrument. This paragraph does not apply if22the governing instrument was prepared for a person who is a grandparent of23the preparer, the issue of a grandparent of the preparer or the respective24spouses or former spouses of persons related to the preparer.25F. The beneficiary of the governing instrument may overcome a26presumption of undue influence by a preponderance of the evidence.27G. For the purposes of this section, determining if a person is a28principal beneficiary of a governing instrument or the preparer of a29governing instrument is a question of fact to be determined by the totality30of the circumstances.31H. This section does not apply to the following:321. Proceedings to determine the validity of a durable power of33attorney pursuant to section 14-5506, subsection B.342. Proceedings to determine ownership of multiple party accounts35pursuant to section 14-6211.36Sec. 3. Section 14-10202, Arizona Revised Statutes, is amended to37read:3814-10202. Jurisdiction over trustee and beneficiary 39
A. By accepting the trusteeship of a trust having its principal place40of administration in this state or by moving the principal place of41administration to this state,OR UNTIL OTHERWISE DECLARED BY THE TRUSTEE IF A42PROCEEDING REGARDING A MATTER INVOLVING THE TRUST IS NOT PENDING IN A COURT43OF THIS STATE, BY DECLARING THAT THE TRUST IS SUBJECT TO THE JURISDICTION OF44
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