South Carolina General Assembly
110th Session, 1993-1994

Bill 1136


Indicates Matter Stricken
Indicates New Matter


                    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



History


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 Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

March 16, 1994

S. 1136

Introduced by SENATOR Williams

S. Printed 3/16/94--S.

Read the first time February 8, 1994.

THE COMMITTEE ON JUDICIARY

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

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass:

TY COURTNEY, for Committee.

A BILL

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.

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