Private Client Dispute Resolution

What We Do

Holland & Knight's Private Client Dispute Resolution Group represents corporate and private professional fiduciaries, individual fiduciaries, beneficiaries and nonprofit organizations in disputes or interpretation issues related to wills, estates, trusts, conservatorships, guardianships and fiduciary matters. We also address pre-death disputes such as issues of capacity, undue influence and financial elder abuse.

Impressed clients say:

Holland & Knight's lawyers are problem solvers, especially when litigating against extremely unreasonable opposing counsel. The team is creative in seeking resolutions to settle difficult matters.

– Chambers High Net Worth 2025 guide

Few firms can equal the scope of our practice. Our Private Client Dispute Resolution Group works in concert with one of the largest Private Wealth Services groups in the U.S., with attorneys in offices across the nation who have deep experience in all areas of trusts, estates and taxation. Issues often cover the management of complex assets, such as real estate or family businesses, that are part of an inheritance or trust.

What Are Capacity and Undue Influence Issues?

As the U.S. population ages, we increasingly see challenges raised regarding the capacity of decedents, settlors, donors and fiduciaries, as well as allegations of undue influence, fraud, duress, forgery and elder abuse. We are experienced in all aspects of these matters, including effectively utilizing expert witnesses and discovery, both of which are often pivotal in helping courts find the clarity needed to resolve these matters fairly.

For example, we defended challenges to the will of a 104-year-old woman who left an estate of $300 million. While distant relatives alleged she was unduly influenced by caregivers and others, we were able to show her state of mind and intentions through meticulous discovery, and we settled the matter on terms consistent with her will.

What Are Breach of Fiduciary Claims?

Trustees and other fiduciaries continue to face litigation by beneficiaries and others who allege breach of fiduciary duty. Over the years, we have represented both fiduciaries and beneficiaries, giving us a broad understanding of how fiduciary disputes emerge and optimal strategies for resolving them.

Often, we find that disputes can be avoided by establishing clear policies and protocols for trust and estate administration, and our attorneys are experienced in advising trustees on how to structure their oversight to adhere to best practices and the law.

When disputes must proceed to litigation, we draw on an experienced team of litigators that has successfully won dismissals and verdicts, or achieved favorable settlements, for matters valued at hundreds of millions of dollars. In most cases, it is not in the best economic interest of either side to engage in protracted litigation, and our attorneys help clients work toward solutions that resolve disputes short of going to trial.

What Is Trust and Estate Reformation, Modification and Interpretation?

Many disputes related to trusts and estates involve interpretation of an operative instrument or fixing an error in the draft to ensure donor intent. Our lawyers navigate these issues on behalf of fiduciaries and beneficiaries alike. Whether there is an ambiguous term, a change of circumstances or a drafting error that needs to be corrected, we understand the issues and work to protect the donor's intent.

How We Approach Dispute Resolution

Hundreds of trials have taught us what positions win and lose in court. Our understanding of what influences favorable outcomes in litigation helps us proactively resolve disputes and reduce the risks of lawsuits for clients who consult us in the review and planning processes.

Fiduciaries also retain us to review their best practices and policies to avoid litigation. We measure their practices against our own litigation experience as well as national standards. Attention to the latest case law and best practices, appropriate planning and periodic review are the most effective ways for clients to reduce their exposure to expensive litigation.

How We Advocate for Nonprofit Beneficiaries

Nonprofit organizations named as beneficiaries turn to our lawyers when there are challenges to donors' bequests, breaches of trust in the administration of the trust or estate, or protracted delays in distributions. We ensure that donors' intentions are carried out whether via settlement or in court.

Our goal is to obtain the maximum benefits for nonprofits, and to that end we work to expedite distributions and reduce administrative fees. All types of nonprofits, especially those with significant assets, have relied on Holland & Knight to carry out the intentions of donors. Our clients have included charities in the medical, religious and educational sectors, among others. We pride ourselves on transparency and provide our clients with online access to their working files.

Why Choose Holland & Knight for Private Client Disputes?

Our litigators bring the experience of the entire Holland & Knight Private Wealth Services Group to every matter. Chambers USA lauds our Band 2-ranked Wealth Management team's "nationwide reputation" and "impressive geographical coverage." Holland & Knight has more fellows of the American College of Trust & Estate Counsel than any other law firm.

Other recent recognition includes:

• USA Private Client Team of the Year for the East Coast, 2020 Chambers High Net Worth guide
• Leading firm for Nationwide Private Wealth Law, 2016-2024 Chambers High Net Worth guides
• Law Firm of the Year in Trusts & Estates Law, 2023 Best Lawyers "Best Law Firms" guide; firm also earned same honor in 2017
• First-tier ranking in Trusts & Estates Law, 2014-2024 Best Lawyers "Best Law Firms" guide
• Top-listed firm for Trusts & Estates, Trusts & Estates Litigation, and Closely Held Companies and Family Businesses Law in the 2013-2024 Best Lawyers in America guides

Representative Matters

• $100 million trust dispute. We represented an institutional trustee in a dispute with two individual co-trustees of two trusts collectively valued at more than $100 million.
• Estate claim against financial institution. We successfully represented a bank in a claim by the administrator of a decedent's estate who argued the bank improperly paid out more than $650,000 to the decedent's fiancée as a surviving tenant.
• Removal of a co-fiduciary. Our lawyers represented a trustee who sought to remove, and did remove, a co-fiduciary for breach of fiduciary duty, negligence and conflict of interests, leading to the appointment of a successor co-fiduciary.
• Valuation of inter vivos gifts. Lawyers on our team represented trustees in a challenge by a beneficiary to a prior trustee's valuation of inter vivos gifts, in which the trust instrument called for the equalization of trust shares based on past gifts.
• Breach of fiduciary duty defense. We prevailed, through partial summary judgment and then trial, in securing a judgment for a defendant accused of breaching fiduciary duties arising out of the transfer of his shares in a substantial family business to trusts for his children.
• Federal gift tax. Our attorneys won, on behalf of a decedent's estate, an unprecedented federal gift tax case, establishing at trial in the U.S. Tax Court that the estate did not owe approximately $20 million in gift tax, interest and penalties arising out of the settlement of litigation concerning the ownership of a family business.
• Unborn child beneficiary. We represented an unborn and unascertained child of a putative father who died, leaving a large trust fund that was to be divided into equal shares for his children.
• Representing an administrator of a high-profile estate. We handled high-profile and complex estate litigation, including defending and prosecuting dozens of lawsuits and creditor's claims in multiple jurisdictions to protect the estate and currently challenging the validity of a purported will that surfaced in April 2025 and named previously unknown beneficiaries.
• Representing an investment trustee of a high-net-worth family trust. We are lead counsel in significant trust litigation involving first impression issues on trust interpretation, trustee liability and binding effect of grantor "letters of wishes" despite discretionary trust provisions. A decision is pending following a two-week trial in February 2025.
• Representing two beneficiaries of a deceased celebrity. In connection with trust accounting and other related issues – including multiple litigation matters filed and pending in New York Surrogate Court and the Supreme Court of New York – this matter involves complicated and novel disputes concerning the obligations of a self-interested trustee to account for the assets of a revocable trust prior to death and the limits of a self-interested trustee's right to engage in self-dealing. If not resolved prior to trial, the matter could expand on or potentially establish new law regarding the fiduciary obligations of trustees in New York.
• Representing fiduciaries of a $1 billion estate. We are lead counsel in pending litigation concerning the disputed administration of a $1 billion estate. The matter involves disputed accounting by the fiduciaries of an estate that involves complex estate tax and accounting issues, including one of the largest IRS Section 6166 elections ever filed.
• Representing the trustee of a substantial trust and former board member of a foundation. Our attorneys are serving as counsel to the primary beneficiary and former board member of a substantial private family foundation that is among the largest philanthropic donors in the Midwest. The matter involves pending litigation in multiple states and additional potential litigation concerning the leadership and management of a substantial private family foundation.
• Representing a prominent Taiwan family. We represent the "second family" of one of Taiwan's wealthiest businessmen, who died several years ago, in connection with a dispute regarding the validity of a U.S. trust into which the decedent's U.S. business assets were transferred.
• Representing a public radio station/beneficiary. A national team of Holland & Knight attorneys represents a public radio and TV station in trust and estate bequests in which the station is named as a beneficiary. Currently, our attorneys are handling more than 90 open files related to these outsourced bequests, as well as multiple contentious and difficult matters.