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Probate Litigation (Wills and Trusts)

Significant disputes arise in connection with all types of instruments created by individuals attempting to outline their wishes as to how their assets should be handled, both during and after their lifetimes.

Many times, these disputes involve family members and can be highly charged with emotion. They also can impact substantial portions, if not all, of the wealth individuals have created over a lifetime of hard work and success.

McGrath North has deep experience in representing all perspectives in trust and probate litigation, including, for example, personal representatives, testators, trustees, beneficiaries, charitable organizations, financial institutions, and others with interests in wills and trusts. Our work has included challenges to will validity; efforts to clarify the construction of provisions in wills and trusts; actions to remedy defects in trust structure and provisions, or to terminate them all together; and breach of fiduciary duty claims involving personal representatives, executors and trustees.

Our team at McGrath North is uniquely positioned to achieve our clients’ success because we combine our savvy litigation capabilities with our highly recognized expertise in tax, trusts and probate. Using this collaborative approach with our clients, we focus on mapping out a value-driven strategy that maximizes satisfying our clients’ goals, and then implement it with a measured balance of rational sensitivity and hard-nose, aggressive trial work. We know that winning at all costs is many times not the best approach in these family focused disputes.