dcsimg Fiduciary Litigation

Fiduciary Litigation

To minimize the risk of litigation, the most effective strategy is to prevent disputes from arising at all. The experienced Private Wealth Services team at McGuireWoods helps clients create a legal line of defense that can significantly reduce the likelihood of fiduciary litigation claims. When disputes do occur, this proactive strategy pays further dividends by enabling us to more effectively pursue or defend our clients’ interests in a broad range of matters.

We regularly represent corporate fiduciaries as well as individuals, trustees, executors, guardians, beneficiaries, charitable organizations, educational institutions, banks, trust departments, officers and directors, shareholders and entities that hold a fiduciary position. We handle the following issues on a regular basis:

  • Probate and estate litigation
  • Trust disputes
  • Breach of fiduciary duty claims
  • Will contests
  • Construction of trusts
  • Reformation of private, split-interest and charitable trusts
  • Guardianship litigation
  • Employee benefit trusts disputes
  • Corporate fiduciary duty claims
  • Shareholder disputes
  • Appellate litigation
  • Federal and state tax disputes (including income, estate and gift tax)

Our practice strategically draws from McGuireWoods’ fiduciary advisory services group and commercial litigation department, along with other available resources. Consequently, we can provide clients with lawyers that have both extensive litigation experience in state and federal courts and substantive understanding of the particular area of dispute at issue. Many of our practitioners are nationally recognized for their knowledge in their area of law, and several are members of the American College of Trial Lawyers and the American College of Trust and Estate Counsel (ACTEC).

We have experience representing fiduciaries in appellate proceedings and in handling complex cases involving the coordination of state court litigation and related matters before the Internal Revenue Service (IRS). Our lawyers are also experienced counselors who regularly help clients prevent unnecessary costly litigation and avoid future claims. Where disputes can be more effectively resolved through alternative dispute resolution, our fiduciary litigation team represents clients in mediation and arbitration.

CONTACTS

Dennis I. Belcher Partner T: +1 804 775 4304
Charles D. Fox IV Partner T: +1 434 977 2597
Sean F. Murphy Partner T: +1 703 712 5487
John B. O'Grady Partner T: +1 804 775 1023
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Public charitable organizations and fiduciaries

Represented public charitable organizations and fiduciaries in connection with suit to construe bequest or trust provisions for the benefit of the charitable organizations.
Representative Matter

Personal representatives

Represented personal representatives against claim in improper sale of business valued at more than $500 million.
Representative Matter

Personal representatives

Represented personal representative in suit to establish lost will.
Representative Matter

Personal representatives

Defended personal representative against claims of undue influence and fraud.
Representative Matter

Personal representatives

Represented personal representative in search for unknown heirs and distributees, including search for Holocaust survivors and family members scattered across Europe and the U.S.
Representative Matter

Personal representatives

Represented personal representatives of a complex estate valued at approximately $1 billion in defending against claims of surviving spouse.
Representative Matter

Personal representatives

Represented personal representative in suit to identify alternative charitable beneficiaries under a will.
Representative Matter

Personal representatives

Represented personal representatives in U.S. Tax Court litigation involving estate tax controversies.
Representative Matter

Limited partners

Represented limited partners against trustee/general partner in claim for breach of fiduciary duty and self-dealing arising out of sale of commercial real estate.
Representative Matter

Law firm

Defended law firm in trial court and state supreme court against claims of breach of fiduciary duty, fraud, breach of contract, and negligence arising out of estate plan involving a charitable trust and a private foundation.
Representative Matter

Corporate fiduciary

Represented corporate fiduciaries regularly in connection with the termination of charitable trusts or modification of charitable trusts to eliminate racial and other restrictions contrary to public policy.
Representative Matter

Corporate fiduciary

Advised corporate fiduciaries on steps to minimize surcharge actions.
Representative Matter

Corporate fiduciary

Represented corporate fiduciaries in several suits to reform charitable trusts to avoid payment of federal excise taxes.
Representative Matter

Corporate fiduciary

Represented corporate fiduciaries in general fiduciary claims, including actions for removal and improper investments or sale of assets.
Representative Matter

Corporate fiduciary

Represented corporate fiduciary in defending against lawsuit seeking to abuse Virginia guardianship proceedings to evade surcharge litigation in another state.
Representative Matter

Charitable organization

Represented charitable organization in lawsuit to remedy multi-million dollar theft from an incapacitated adult and to appoint an independent conservator to manage her estate.
Representative Matter

Individual

Defended individual against lawsuit to appoint a conservator and take control of family wealth.
Representative Matter

Fiduciary

Represented fiduciaries regularly in actions to modify trusts.
Representative Matter

Fiduciary

Represented fiduciary in state supreme court litigation concerning the charitable intent of the settlor.
Representative Matter

Fiduciary

Represented fiduciaries regularly to reform split-interest trusts to qualify for tax benefits connected with qualified charitable remainder trusts.
Results 1-20 of 33
Dennis I Belcher Dennis I. Belcher
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 804 775 4304
F: +1 804 698 2012
vCard

T:+1 703 712 5324
F: +1 703 712 5050

Jonathan T Blank Jonathan T. Blank
Partner
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2509
F: +1 434 980 2258
vCard
William F Branch William F. Branch
Attorney
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 7869
F: +1 804 775 1061
vCard
Benjamin S Candland Benjamin S. Candland
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1047
F: +1 804 225 5341
vCard
Kurt A Friesen Kurt A. Friesen
Associate
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2585
F: +1 434 980 2265
vCard
Meghan L Gehr Meghan L. Gehr
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4714
F: +1 804 698 4676
vCard
Brian A Kahn Brian A. Kahn
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2351
F: +1 704 444 8869
vCard
William M Long William M. Long
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8916
F: +1 312 920 6591
vCard
Sean F Murphy Sean F. Murphy
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5487
F: +1 703 712 5243
vCard
Thomas W Murrell III Thomas W. Murrell III
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2205
F: +1 704 444 8758
vCard
John B O'Grady John B. O'Grady
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1023
F: +1 804 698 2132
vCard
Brian E Pumphrey Brian E. Pumphrey
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 7745
F: +1 804 698 2018
vCard
Melissa Wolf Riley Melissa Wolf Riley
Counsel
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2598
F: +1 434 980 2275
vCard
Marta A Stein Marta A. Stein
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8191
F: +1 312 920 6593
vCard
Justin Trent Justin F. Trent
Attorney
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4728
F: +1 804 698 2110
vCard
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February 28, 2013
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September 27, 2012
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July 26, 2012
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May 30, 2012
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March 21, 2012
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January 10, 2012
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Part 8 - Potpourri

November 30, 2011
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Part 7 - Trustee Liability for Investment Losses (Part Two)

October 19, 2011
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Part 6 - Trustee Liability for Investment Losses (Part One)

October 18, 2011
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Part 5 - Amendment, Modification and Termination of Trusts

June 15, 2011
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Part 4 - Funding, Construction and Creation of Trusts

June 9, 2011
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Part 2 - No-Contest Clauses, Powers of Attorney, and Pre-Death Will Contests

May 9, 2011
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Part 1 - Defenses and Limitations to Actions, Arbitration, and Settlements

May 3, 2011
Results 1-20 of 22