How Do You Prove Breach of Fiduciary Duty? | RMO Lawyers

A fiduciary duty is a legal obligation for a person in a position of trust and confidence, like a trustee or the executor of an estate, to act in the best interest of another party. If a fiduciary fails to act in the beneficiary’s best interest, they have likely breached their fiduciary duty. An experienced trust litigation attorney can help beneficiaries of trusts and heirs of estates pursue legal action against fiduciaries who breach their duties.

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What is a violation of fiduciary duty?
A violation of fiduciary duty occurs when a trustee or executor fails to meet their legal obligations, whether under the law or as dictated by a trust agreement. Trustees and executors are fiduciaries, meaning they are required by law to follow specific rules that dictate their behavior. They must act in good faith and with undivided loyalty, always placing a beneficiary’s best interest first, even above their own self-interest.

Falling short of these expectations can expose a fiduciary to serious legal consequences. For example, trustees and executors who violate their fiduciary duties can face suspension or removal from their position and be ordered to pay surcharges (penalties) to reimburse beneficiaries for financial harm caused. In extreme cases, a fiduciary can even face criminal charges.

What is an example of a breach of fiduciary duty?
Breach of fiduciary duty refers to a situation where an individual owing a fiduciary duty fails to fulfill an obligations for any reason. Breaches can be intentional or negligent, depending on whether there was intent on behalf of the fiduciary or if it was simply an accident or incompetence that led to a breach.

Some common examples of breach of fiduciary duty include failing to disclose relevant facts, failing to avoid conflicts of interest, and self-dealing, which is when a fiduciary takes advantage of their position for personal profit at the expense of their beneficiary’s profits and assets. Trustees and executors can also breach their fiduciary duties by committing fraud, theft, or embezzlement against the trust or estate.

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