Fiduciary Litigation

Demystifying Fiduciary Duty and Legal Remedies

When one individual holds a legal obligation towards another, they are deemed to have a fiduciary duty to that individual. Such duties can either be explicitly defined by law or implied.

Fiduciary relationships encompass various forms, including those between trustees and trust beneficiaries, agents and principals (as established in power of attorney documents), corporate officers and shareholders, executors and estate beneficiaries, as well as guardians and wards.

In fiduciary litigation, one party asserts that another has breached their duty towards them. Such breaches may involve instances of self-dealing, conflicts of interest, negligence, or failure to act in the best interests of another when there exists an obligation to do so.

For instance, breaching fiduciary duty could encompass actions like embezzling from a trust or estate, neglecting the care of a dependent, or manipulating someone else’s finances for personal gain. Potential remedies for such breaches include monetary compensations, injunctions, and the removal of the fiduciary from their position.

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