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