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 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.