Trust Litigation in Pennsylvania
At Chadwick Estate Law, we represent trustees, beneficiaries, and fiduciaries in complex trust disputes across Pennsylvania—including Philadelphia, Delaware, Chester, and Montgomery counties. From challenges to fiduciary accountings to claims of mismanagement, undue influence, or breach of trust, our attorneys provide skilled litigation and negotiation to protect your rights.
What Is Trust Litigation?
Trust litigation arises when disagreements over a trust’s management or validity escalate into legal disputes. Under the Pennsylvania Uniform Trust Act (20 Pa.C.S. § 7701 et seq.) and the Probate, Estates and Fiduciaries Code, courts oversee conflicts involving:
Beneficiaries alleging breach of fiduciary duty.
Trustees facing claims of mismanagement.
Disputes over distributions, investments, or trustee compensation.
Contested fiduciary accountings filed with the Orphans’ Court.
These cases are typically heard in the Orphans’ Court Division, which has jurisdiction over trusts and fiduciaries.
Common Trust Litigation Issues
We assist clients in resolving a full spectrum of trust disputes, including:
Breach of Fiduciary Duty – Trustees accused of self-dealing, negligence, or failing to act in beneficiaries’ best interests.
Contested Fiduciary Accounts – Beneficiaries disputing financial accountings under Pa. O.C. Rule 2.1 et seq.
Improper Distributions – Claims that assets were distributed contrary to trust terms or law.
Investment Mismanagement – Allegations that trustees failed to prudently invest or protect trust assets.
Trustee Compensation Disputes – Challenges over commissions or fees charged to the trust.
Validity of Trust Amendments – Litigation over amendments procured through undue influence, fraud, or lack of capacity.
Removal of Trustees – Seeking to remove or replace a trustee for cause under 20 Pa.C.S. § 7766.
How Chadwick Estate Law Supports Clients in Trust Litigation
We provide comprehensive litigation support, including:
Case Evaluation & Strategy
Reviewing trust documents and fiduciary accounts.
Assessing claims of undue influence, fraud, or mismanagement.
Court Representation
Filing or defending objections to fiduciary accounts.
Litigating surcharge actions against trustees.
Seeking removal or replacement of fiduciaries.
Settlement & Negotiation
Resolving disputes through family settlement agreements.
Mediating between trustees and beneficiaries to avoid prolonged litigation.
Ongoing Support
Advising trustees on compliance to avoid future disputes.
Assisting beneficiaries in enforcing rights to fair distributions.
Why Fiduciary Accounts Matter in Trust Litigation
At the heart of most trust disputes are fiduciary accounts—formal records detailing receipts, disbursements, investments, and distributions. These are often filed with the Orphans’ Court for approval. Reviewing them can answer critical questions, such as:
Were all trust assets included?
Were expenses and commissions reasonable?
Were investments properly managed?
Were distributions made in accordance with the trust?
Beneficiaries have the right to challenge accounts and request court review under 20 Pa.C.S. § 3511 and 20 Pa.C.S. § 7754, but strict deadlines apply.
Safeguards in Trust Litigation
Pennsylvania law provides important protections in trust disputes:
Court Oversight – Orphans’ Court supervises account filings and trustee conduct.
Mandatory Notices – Beneficiaries must receive notice of accountings and proposed distributions (Pa. O.C. Rule 10.1).
Surcharge Mechanisms – Trustees can be held personally liable for losses caused by mismanagement (20 Pa.C.S. § 3505).
Challenge Deadlines – Beneficiaries must file objections within statutory timeframes (e.g., one year from notice under 20 Pa.C.S. § 7754).
Principal vs. Income Rules – The Uniform Principal and Income Act (20 Pa.C.S. § 8101 et seq.) governs allocations between beneficiaries.
FAQs
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Yes. Beneficiaries may bring claims for breach of fiduciary duty, mismanagement, or improper distributions.
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A lawsuit seeking to hold a trustee personally liable for financial losses caused by misconduct.
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You can file objections with the Orphans’ Court, but deadlines are strict.
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Yes. Trustees may be removed for cause, such as breach of duty, mismanagement, or conflict of interest (20 Pa.C.S. § 7766).
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Courts can order restitution, surcharge, or removal of the trustee.
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Many resolve through settlement agreements or mediation, though litigation is sometimes necessary.
Protect Your Legacy with a Plan You Understand
Call 215-277-0888, email Bass or fill out this form to get started.
