Fiduciary Litigation

Charleston Estate Planning and Estate Litigation | Fiduciary LitigationFiduciary litigation is a form of estate litigation that arises out of disputes over the actions of fiduciary, typically involving a violation of the principal’s best interest. A fiduciary is a legal representative who has the duty to act with “good faith and trust” on the behalf of another party, known as the principal. A fiduciary specifically could be a money manager, banker, accountant, lawyer, personal representative, trustee or a shareholder. The fiduciary has both an ethical and legal obligation to act within the best interests of the principal in every decision. Failure to uphold these duties results in a need to pursue fiduciary litigation. Our Charleston estate planning attorneys provide legal representation to resolve fiduciary-related problems for individuals, families and businesses.

Most fiduciary litigation cases are founded on the basis of a breach of fiduciary duty.  Most claims of a breach of fiduciary duty also demonstrate how the fiduciary acted for personal interest or self-serving opporutunity as opposed to acting with “good faith and trust.” There are numerous ways in which fiduciaries may breach the duties they owe to other. Among the most common breaches of fiduciary duty are:

  • Self Dealing
  • Usurpation of business or corporate opportunity
  • Misappropriation of funds of property
  • Corporate neglect, business imprudence, of lack of necessary business skill and experience
  • Misrepresentation or omission as to a statement of fact
  • Misuse of confidential information or breach of confidentiality
  • Rendering inappropriate advice or counsel
  • Failure to disclose
  • Inducement

Please contact on our Charleston estate planning attorneys if you believe one of these breaches of fiduciary duty has occurred. We can provide you with the necessary legal representation to help you understand your legal rights and, if appropriate, help you pursue fiduciary litigation.

In addition to providing legal representation for breaches of fiduciary duty, our Charleston estate litigation attorneys also handle cases involving fiduciary liability, the duty of impartiality and other defense matters for the fair and equal protection of trustees, personal representatives and other fiduciary roles.