In Re the Matter of the Estate of Ashworth, Robert Harrison

Summary

The court held that the physician-patient privilege continues after a patient's death, but that the testamentary exception permits disclosure of relevant privileged medical records when necessary to settle and administer the estate. Because the requested records could bear on testamentary capacity and undue influence, the trial court properly ordered an in camera review limited to relevant materials. The court discharged the rule to show cause and lifted the stay.