Trends and Developments in Fiduciary LawTrends and Developments in Fiduciary Law

Every day, we review cases from across the country to identify developments and trends in the law and lessons about practice and administration that may be useful to fiduciaries and their advisors. Here are some of the most interesting cases from 2014.

Surcharge Litigation

As trust and estate attorneys consider expanding their practices into the area of fiduciary litigation (in view of the sharply increased transfer tax exemption levels), they may focus attention on developing the ability to properly plead and prove the elements of a claim and develop available defenses, or they may seek to affiliate with an experienced fiduciary litigator. Kastner¹ illustrates how claims can and will be dismissed for failures of pleading and proof, inclu...