Trust and Estate Litigation

Schiff Hardin has an extensive trust and estate litigation practice. We have particularly in-depth experience representing corporate fiduciaries. We also have represented beneficiaries in a variety of disputes with trustees, executors, and other beneficiaries.

Trust and estate litigation requires two distinct sets of skills. Because these disputes involve trusts and wills and often have tax implications, it is essential to draw upon the substantive knowledge of an attorney whose practice focuses on trust and estate work. And because they involve actual or threatened lawsuits, these matters also demand a trial lawyer's strategic judgment, procedural and evidentiary expertise, and ability to present a case to a judge or jury.

We have found that applying our combined expertise in these disciplines produces the best results for our clients, so we staff our trust and estate litigation matters with attorneys from both our Private Client, Trusts and Estates Group and our Litigation Group.

We have a group of litigators who have developed substantial experience in the specialized field of trust and estate litigation through their handling of multiple trust and estate disputes, including successful trials that have gone to verdict before both judges and juries.

Our experience includes:

Fiduciary liability issues

Breach of fiduciary duty claims
Petitions for instructions
Closely held businesses — defense of fiduciary holding a controlling interest in a closely held business
Duty of loyalty — defense of allegation of self-dealing and violation of the duty of loyalty between beneficiaries
Defense costs

Questions of jurisdiction

Personal jurisdiction of non-resident fiduciaries and beneficiaries
Preclusive effect of foreign judgments
Effect of parallel proceedings in a different forum ("prior action pending")
Impact of prior pending cases on jurisdiction of state courts
In rem jurisdiction

Creditor issues

Citation to enforce judgment against spendthrift trust
Construction of spendthrift clause upon termination of trust
Fraudulent conveyances
Insolvent estates

Limitation of Actions

Statute of limitations for accountings
Laches defense
Estoppel defense

Procedural issues

Right to jury trial — legal vs. equitable actions
Burden of proof on accountings
Standing of contingent beneficiaries
Standing of takers under powers of appointment
Common law and statutory virtual representation

Disability

Contested guardianship proceedings
Annulment of marriage by guardianship court
Validity of deathbed estate planning changes, including burden of proof/fiduciary relationship issues

Miscellaneous

Various complex trust construction issues
Total return trusts
Application of the Dead Man's Act
Severance of trusts
Construction and enforceability of no contest clauses
Allocation of assets in wrongful death action
Contested fee petitions for fiduciaries and attorneys
Revocation of self-settled trusts by settlor on theory of undue influence
Contested dissolution of statutory family partnerships
Probate of photocopy of a will
Disclaimers
Spousal renunciation against revocable living trust — illusory trusts
Spendthrift trusts
Contested heirship