Probate disputes; trust and will contests (undue influence, competency, fraud); breach of fiduciary duty claims; removal actions; contested accountings; reformation and interpretation actions; trust and estate property disputes; tax disputes; and guardianship and conservatorship proceedings. Clients look to Mark Swirbalus to handle and solve these kinds of matters, and to avoid litigation in the first place. A Director in the firm, Mark he represents individuals, charitable organizations and bank and trust companies as beneficiaries, trustees, executors, administrators and personal representatives. A Chambers USA resource comments that Mark is "smart, and has an excellent knowledge of trust matters. He had a plan from day one to address our concerns." Mark is Co-Chair of the firm's Litigation group.
Mark has served as Co-Chairman of the Fiduciary Litigation Committee of the Boston Bar Association and as a member of the Probate Law Section Council of the Massachusetts Bar Association. He is a Fellow of the American College of Trust and Estate Counsel (ACTEC) and has been appointed to its Fiduciary Litigation Committee. His work has been recognized by his peers with his being named a Massachusetts Super Lawyer and with an “AV Preeminent” rating by Martindale Hubbell. He is also nationally ranked as a leading litigator by Chambers USA.
- Representation of charity in action to enforce its rights under a charitable bequest.
- Representation of family members in will contest alleging undue influence, lack of testamentary capacity and fraud.
- Representation of widow in defense of death-bed property conveyance.
- Representation of proposed interveners in action regarding the oldest charitable trust in the country (c. 1660).
- Representation of trustees and primary beneficiary in action against predecessor trustees for self-dealing and other breaches of fiduciary duty.
Professional and Community Involvement
- American College of Trust and Estate Counsel (ACTEC), Fellow, Fiduciary Litigation Committee
- Greater Boston Fiduciary Law American Inn of Court, President and Co-Founder
- Boston Bar Association, Trusts & Estates Section, Public Policy Committee, 2012-2013
- Boston Bar Association, Trusts & Estates Section, Fiduciary Litigation Co-Chairman, 2010-2012
- Boston Probate and Estate Planning Forum, Moderator (2012-2013) and Program Chair (2011-2012)
- Massachusetts Bar Association, Probate Litigation Practice Group, Probate Law Section Council, 2009-2010
- New Hampshire Bar Association
- Dartmouth Lawyers Association
- Dartmouth College, Alumni Enrollment Volunteer
Awards and Recognition
- Chambers High Net Worth (HNW), 2016
- Chambers USA, leading litigator, 2010-2013
- Martindale Hubbell Peer Review Rated AV Preeminent™
- Massachusetts Super Lawyers, 2009 - 2016
- Top 100 Massachusetts Super Lawyers, 2016
- Panelist, “Experts in Fiduciary Litigation,” ACTEC, March 2017
- Panelist, “Elder Law Litigation,” MCLE, February 2017
- Chair and Panelist, “18th Annual New England Estate Planning (and more) Conference 2017,” MCLE, January 2017
- Panelist, “Massachusetts Bar Association Probate law Conference, Standards of Capacity and Undue Influence,” MBA, November 2016
- Panelist, “Massachusetts Bar Association Probate law Conference, Trustee Removal and Contested Trustee Accounts,” MBA, November 2015
- Panelist, “Recent Developments in Fiduciary Litigation,” ACTEC, September 2015
- Chair and Panelist, "Designing Estate Plans to Avoid Conflicts and Contests," MCLE, March 2015
- Panelist, "16th Annual Estate Planning Conference 2015, Incorporating Arbitration and Mediation Provisions in Estate Planning Documents," MCLE, January 2015
- Chair and Panelist, "Will Contests," MCLE, November 2014
- Panelist, “Making Probate Mediation Work for You and Your Client,” ACTEC, September 8, 2013
- Panelist, "Fiduciary Litigation Rebooted: Litigating Fiduciary Cases in the Probate Court under the UPC and UTC," MCLE, May 2013
- Panelist, 14th Annual New England Estate Planning Conference 2013, MCLE, January 2013
- Panelist, "The New MUPC and MUTC and Representing Fiduciaries," MCLE, November 2012
- Panelist, "Probate Litigation Under the New MUPC and the New MUTC," MCLE, November 2012