Trusts & Estates Litigation

Morris Nichols’ Trusts & Estates Litigation practice consists of a team of nationally-recognized litigators and trust and estates counsel that have a deep understanding of Delaware’s highly-specialized trust laws.

Team members include two Fellows of the American College of Trust and Estate Counsel (ACTEC), both of whom are former chairs of the Delaware State Bar Association (DSBA) Estates and Trust Section and who have assisted in the development of Delaware’s trust statutes as members of the DSBA Estates and Trust Section.

With extensive experience in both Chancery Court and Delaware Supreme Court, Morris Nichols’ Trusts & Estates Litigation practice handles every stage of litigation from pre-litigation fact review, discovery, depositions and pre-trial motions to settlement negotiations, mediation and other alternative dispute resolution methods, trial, and appellate proceedings.

Our clients are trustees and other fiduciaries from banks, trust companies, as well as beneficiaries, charitable organizations and executors with issues involving the full diversity of fiduciary claims both on the plaintiff and defense side, to include:

- Breach of trust
- Capacity and undue influence
- Construction of instrument
- Removal of trustees
- Trustee Compensation

Representative Matters

• In re Estate of Seppi, C.A. 3189-MA, 2010 WL 1534189 (Del. Ch. Mar. 30, 2010)
• In re Trust Under Agreement of Walter F. Wickes, III, C.A. 2515-VCS, 2008 WL 4698477 (Del. Ch. Oct. 16, 2008)
• In re Barker Trust Agreement, C.A. 20455-VCL, 2007 WL 1800645 (Del. Ch. June 13, 2007)
• R. Leigh Duemler v. Wilmington Trust Company, C.A. 20033, V.C. Strine (Del. Ch. Oct. 28, 2004) (Trans.)
• McNeil v. McNeil, 798 A.2d 503 (Del. 2002) aff'd in part, rev'd in part sub nom. McNeil v. Bennett, 792 A.2d 190 (Del. Ch. 2001)
• In re Trust Under Agreement of Christopher L. Ward, C.M. 9841-N.C., 2001 WL 1720180 (Del. Ch. Dec. 26, 2001)
• Stegemeier v. Magness, C.A. 12845, 1998 WL 8851 (Del. Ch. Jan. 7, 1998), vacated, 728 A.2d 557 (Del. 1999), remanded to 1999 WL 1083874 (Del. Ch. Nov. 23, 1999)
• Bishop v. McNeil, C.A. 15508, 1999 WL 743489 (Del. Ch. Sept. 14, 1999)
• Dickinson v. Wilmington Trust Co., 734 A.2d 605 (Del. Ch. 1999)
• In re Revocable Trust Agreement of Riches, C.A. 15204, 1998 WL 28267 (Del. Ch. Jan. 20, 1998)
• In re Trust Created under Will of Brill, C.A. 12385, 1992 WL 297755 (Del. Ch. Oct. 16, 1992)
• In re Estate of Hughes, No. 67743, 1984 WL 137722 (Del. Ch. Nov. 2, 1984)
• Wilmington Trust Co. v. Coyne, 373 A.2d 867 (Del. Ch. 1977)
• Riggs Nat'l Bank v. Zimmer, 355 A.2d 709 (Del. Ch. 1976)
• Wilmington Trust Co. v. Carpenter, 315 A.2d 625 (Del. Ch. 1974)
• Wilmington Trust Co. v. Huber, 311 A.2d 892 (Del. Ch. 1973)
• Riggs Nat'l Bank v. Zimmer, 304 A.2d 69 (Del. Ch. 1973)
• Wilmington Trust Co. v. Lee, 298 A.2d 358 (Del. Ch. 1972)
• Kimmel v. Wilmington Trust Co., 287 A.2d 760 (Del. Ch. 1972)
• Delaware Trust Co. v. Davis, 163 A.2d 580 (Del. Ch. 1960)
• Lewis v. Hanson, 119 A.2d 901 (Del. Ch. 1955)
• Security Trust Co. v. Sharp, 77 A.2d 543 (Del. Ch. 1950)