Current Status Introducing Body:Senate Bill Number:1136 Primary Sponsor:Williams Committee Number:25 Type of Legislation:GB Subject:Probate Code Residing Body:House Current Committee:Judiciary Computer Document Number:1136 Introduced Date:19940208 Last History Body:House Last History Date:19940323 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Williams Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 1136 House 19940323 Introduced, read first time, 25 referred to Committee 1136 Senate 19940322 Read third time, sent to House 1136 Senate 19940317 Read second time 1136 Senate 19940316 Committee Report: Favorable 11 1136 Senate 19940208 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
COMMITTEE REPORT
March 16, 1994
S. 1136
S. Printed 3/16/94--S.
Read the first time February 8, 1994.
To whom was referred a Bill (S. 1136), to amend Chapter 1, Title 62, Code of Laws of South Carolina, 1976, relating to general provisions of the Probate Code, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
TY COURTNEY, for Committee.
TO AMEND CHAPTER 1, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS OF THE PROBATE CODE, BY ADDING SECTION 62-1-109 SO AS TO CLARIFY THE DUTIES OR OBLIGATIONS OF AN ATTORNEY FOR A PERSON SERVING AS FIDUCIARY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 62-1-109. Unless expressly provided otherwise in a written employment agreement, the creation of an attorney-client relationship between a lawyer and a person serving as a fiduciary shall not impose upon the lawyer any duties or obligations to other persons interested in the estate, trust estate, or other fiduciary property, even though fiduciary funds may be used to compensate the lawyer for legal services rendered to the fiduciary. This section is intended to be declaratory of the common law and governs relationships in existence between lawyers and persons serving as fiduciaries as well as such relationships hereafter created."
SECTION 2. This act takes effect upon approval by the Governor.