A Survey of the Common Types of Fiduciary Litigation (2018)

University of Baltimore
Law Forum
2018 Symposium
Trusts & Estates: Trust Us, It’s Important

Fiduciary Litigation: In General

–“[A] person in a fiduciary relationship to another is under a duty to act for the benefit of the other as to matters within the scope of the relationship” Restatement (Third) of Trusts, § 2, cmt.b.

–Fiduciary relationships exist in various settings: trustee-beneficiary, guardian-ward, agent-principal, attorney-client, and in partnership relations. The nature and extent of the duties imposed differ somewhat depending on the relationship.

–The term “fiduciary litigation” generally refers to disputes involving the exploitation by a fiduciary or someone in another confidential relationship with persons with diminished capacity or disputes involving trusts or estates.

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