What Types of Cases Constitute Fiduciary Litigation?

January 15, 2019
Fiduciary Litigation

The term “fiduciary litigation” generally refers to disputes involving the exploitation by a fiduciary with persons having diminished capacity or disputes involving trusts or estates.   A fiduciary has a duty to act for the benefit of the other as to matters within the scope of the relationship. Some examples of fiduciary relationships include attorney and client, guardian and ward, or agent and principal.

When the relationship is breached by the individual being held to a fiduciary standard, then litigation may ensue. 

Breach of Fiduciary Duty cases may include:

  • Duty of Loyalty Disputes
  • Improper Investment Cases
  • Improper Charges 
  • Claims Between Beneficiaries

One well-known action is that of the caveat proceeding, or will contest. The grounds for will contests are (1) lack of due execution, (2) lack of testamentary capacity, (3) that the will, or part of the will, was the product of an insane delusion, (4) that the will, or part of the will, was the result of undue influence, (5) that the will, or part of the will, was made as a result of fraud.

Other types of fiduciary litigation include trust reformation, removal of trustee, breach of fiduciary duty, lawsuits over the accuracy of accounting, and proceedings to prevent the sale of assets. If you serve as a fiduciary and face any type of litigation or if you have a reason to initiate litigation, please contact Stouffer Legal at 443-470-3599 in the Greater Baltimore area.

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