Fiduciary Litigation

As part of our fiduciary litigation practice, Williams Mullen represents bank trust departments and trust companies, as well as individual executors, administrators and trustees regarding both complex and routine issues arising in the context of a fiduciary relationship. We also advise individuals and fiduciaries in disputes involving business entities such as partnerships, corporations, foundations and charitable organizations. Our practice comprises leading estate planning attorneys, as well as fiduciary law attorneys. Ten Williams Mullen attorneys are fellows in the American College of Trust and Estate Counsel.

As part of our fiduciary litigation practice, Williams Mullen represents bank trust departments and trust companies, as well as individual executors, administrators and trustees regarding both complex and routine issues arising in the context of a fiduciary relationship. We also advise individuals and fiduciaries in disputes involving business entities such as partnerships, corporations, foundations and charitable organizations. Our practice comprises leading estate planning attorneys, as well as fiduciary law attorneys. Ten Williams Mullen attorneys are fellows in the American College of Trust and Estate Counsel.

A Preventive Approach to Avoiding Fiduciary Liability
Much of our advice to fiduciaries is centered on preventive measures. We counsel our clients on the best practices to avoid liability in connection with fiduciary responsibilities. Furthermore, we advise our clients on the risk management strategies necessary to avoid the time and expense of litigation.

Unfortunately, disputes do sometimes arise between and among beneficiaries and fiduciaries, even with the best of planning. Williams Mullen regularly represents individual and corporate fiduciaries and beneficiaries throughout the Mid-Atlantic and Southeast in matters involving:

• Claims Involving Breach of Fiduciary Duty, Malfeasance, or Mismanagement
  Throughout our history, corporate fiduciaries and individuals who serve as trustees have relied on our fiduciary litigation experience when faced with claims involving breach of fiduciary duty, malfeasance or mismanagement.
• Disputes Among Estate and Trust Beneficiaries and Other Parties
  As experienced estate planning attorneys, we are aware of the role that family dynamics play in resolving will and trust contests. We are sensitive not only to the valuation side of such settlements, but to the emotional element as well. Our fiduciary attorneys work with our clients to reach a resolution quickly and with minimal interruption.
• Estate and Gift Tax Audits, Appeals and Litigation
  Both business and family clients seek the advice of Williams Mullen in tax matters, including estate tax and gift tax audits. Our tax lawyers provide full support from audit to appeal and litigation, if necessary.
• Tax-Exempt and Charitable Organizations and Trusts
  In addition to advising clients about the administration of trusts and estates, Williams Mullen’s fiduciary attorneys provides guidance regarding the reformation and termination of charitable foundations and other tax-exempt entities.
• Core Administrative and Judicial Proceedings
  Although Williams Mullen is known to assert and defend high-stake fiduciary claims, our fiduciary attorneys also handle more routine matters for both individuals and businesses. We regularly represent community, regional and money-center banks on matters such as:
  • Substitution of Trustee
  • Suits to Impeach Wills
  • Suits to Establish a Lost Will
  • Suits to Determine Heirs
  • Suits for Aid and Direction
  • Suits for Accounting
  • Construction Suits to Resolve Ambiguities
  • Rescission or Reformation Proceedings
  • Suits to Terminate Trusts
  • Unitrust Conversions and Equitable Adjustments
  • Principal and Income Act Allocations