Can one spouse keep estate planning information from the other spouse?

Usually not if both spouses are clients and the issue affects the joint representation.

If both spouses are represented together, the attorney generally cannot secretly advise one spouse against the other or withhold important information that affects the joint matter.

If someone needs separate confidential advice, they may need separate counsel.

*Reviewed by Estate Planning Attorney Casey Connealy, Partner at Gaughan & Connealy Estate Planning Attorneys on June 23, 2026.