§ 865A. Inspection of Certain Instrument for Estate Planning Purposes
865A. Inspection of Certain Instrument for Estate Planning Purposes
(a) On the filing of an application under Section 865 of this code, the guardian of the ward's estate may apply to the court for an order to seek an in camera inspection of a true copy of a will, codicil, trust, or other estate planning instrument of the ward as a means of obtaining access to the instrument for purposes of establishing an estate plan under Section 865 of this code.
(b) An application filed under this section must:
(1) be sworn to by the guardian;
(2) list all of the instruments requested for inspection; and
(3) state one or more reasons supporting the necessity to inspect each requested instrument for the purpose described by Subsection (a) of this section.
(c) A person who files an application under this section shall send a copy of the application to:
(1) each person who has custody of an instrument listed in the application;
(2) the ward's spouse;
(3) the ward's dependents;
(4) all devisees under a will, trust, or other beneficial instrument relating to the ward's estate; and
(5) any other person as directed by the court.
(d) Notice required by Subsection (c) of this section must be delivered by certified mail to a person described by Subsection (c)(2), (3), (4), or (5) of this section and by registered or certified mail to a person described by Subsection (c)(1) of this section. After the 10th day after the date on which the applicant complies with the notice requirement, the applicant may request that a hearing be held on the application. Notice of the date, time, and place of the hearing must be given by the applicant to each person described by Subsection (c)(1) of this section when the court sets a date for a hearing on the application.
(e) After the conclusion of a hearing on the application and on a finding that there is good cause for an in camera inspection of a requested instrument, the court shall direct the person that has custody of the requested will, codicil, trust, or other estate planning instrument to deliver a true copy of the instrument to the court for in camera inspection only. After conducting an in camera review of the instrument, the court, if good cause exists, shall release all or part of the instrument to the applicant only for the purpose described by Subsection (a) of this section.
(f) The court may appoint a guardian ad litem for the ward or an interested party at any stage of the proceedings if it is considered advisable for the protection of the ward or the interested party.
(g) An attorney does not violate the attorney-client privilege solely by complying with a court order to release an instrument subject to this section. Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this subsection.