Mark Swirbalus

Mark Swirbalus represents individuals, families, charitable organizations and financial institutions in high-stakes trust and estate disputes, guiding clients to resolution of deeply personal, often "once-in-a-lifetime" matters through settlement or trial – and helping them avoid litigation altogether when possible. As East Coast Chair of Holland & Knight's Private Wealth Services Dispute Resolution Team, Mark handles probate and fiduciary litigation in Massachusetts, New York and other jurisdictions across the country. Many of his cases are multijurisdictional.

Mark is among a small group of lawyers nationwide who devote their practice entirely to trust and estate disputes, a nuanced area of the law. Acting as lead counsel for beneficiaries, trustees, executors, administrators and personal representatives, he handles trust and will contests involving allegations of undue influence, incompetency and fraud; interference with inheritance actions; breach of fiduciary duty, prudent investment and removal actions; and contested accountings. His work also spans trust reformation, modification, interpretation and decanting; property, family limited partnership, family business and trust-held limited liability company (LLC) disputes; and reasonable deviation and cy pres matters.

Because these disputes can be stressful and disruptive, he is sensitive to the personal nature of each matter and works to enable clients to continue their daily lives. Mark often serves as a sounding board on a wide range of issues for individuals and future generations of their families.

Clients and peers recognize Mark's approach. Chambers High Net Worth sources describe him as "the best fiduciary litigator in the country" and "Boston's preeminent probate litigator," noting that he "keeps the focus on what is important." Chambers USA sources call him "very strategic" and "very sensitive and understanding of family dynamics."

Mark has been a frequent lecturer for organizations, including the American College of Trust and Estate Counsel (ACTEC), American Law Institute and Boston College Law School. Before joining the Firm, he co-chaired the litigation department of a national law firm for nearly a decade. That trial-tested leadership, paired with a measured understanding of family dynamics, helps clients resolve contentious fiduciary disputes while protecting what matters most to them.