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Fiduciary Litigation

Overview

Nutter’s Fiduciary Litigation practice group is trusted by individuals, families, and professional fiduciaries to resolve their most sensitive and high-stakes trusts and estates disputes. With extensive experience in will and trust contests, fiduciary breach claims, guardianship matters, and complex multigenerational asset disputes, our team brings a strategic and compassionate approach—blending skilled litigation with creative, out-of-court solutions. Clients rely on our discretion, responsiveness, and ability to manage both the legal and personal complexities of these often once-in-a-lifetime matters. Backed by Nutter’s nationally respected private client practice and a deep bench of experienced litigators, we tailor strategies to meet each client’s goals and consistently deliver cost-effective, lasting results in and out of the courtroom.

Areas of Focus:

  • Will contests
  • Trust disputes
  • Capacity and undue influence issues
  • Breach of fiduciary duty claims
  • Probate litigation
  • Trustee removal petitions
  • Complaints for instructions
  • Nonprofit advocacy
  • Probate accountings

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Representative Matters

Representative Matters

  • Dispute on the allocation of trust assets

    Nutter represented trust beneficiaries in a dispute concerning the allocation of trust assets under a trust containing an in terrorem clause. Nutter successfully negotiated a favorable settlement on behalf of the trust beneficiaries following litigation.

  • Litigation on tax allocation provision in a will

    Nutter represented a personal representative of an estate in litigation concerning the proper interpretation of a tax allocation provision in a will.

  • Representation of a trust beneficiary in petition to remove trustee

    Nutter represented a trust beneficiary in connection with a petition to remove a trustee for breaches of fiduciary duty. Nutter was successful in removing the trustee following a four day trial.

  • Representation of trustees in a complaint for instructions

    Nutter represented trustees in a complaint for instructions asking the court for guidance on whether a power of appointment was validly exercised.

  • Serving as expert witnesses

    Nutter partners serve as expert witnesses in numerous matters involving the fiduciary duty of trustees, trust accounting issues, and the proper interpretation of trust instruments.

Experience

  • Dispute on the allocation of trust assets

    Nutter represented trust beneficiaries in a dispute concerning the allocation of trust assets under a trust containing an in terrorem clause. Nutter successfully negotiated a favorable settlement on behalf of the trust beneficiaries following litigation.

  • Litigation on tax allocation provision in a will

    Nutter represented a personal representative of an estate in litigation concerning the proper interpretation of a tax allocation provision in a will.

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