Mark E. Swirbalus

Mark E. Swirbalus

+1 617 574 4119
Mark E. Swirbalus

Representative Matters

Defense of Trustees in an Action for Breach of Fiduciary Duty and Removal

A beneficiary sought the removal of two trustees of a Massachusetts Business Trust, alleging that the trustees had acted beyond their authority and breached their duties in carrying out a number of complicated transactions designed to place a conservation easement on family-owned land and exchange various parcels of land among several trusts.  At trial, the Court found that the trustees had not breached their duties and awarded fees and costs to the trustees.  The Appeals Court determined that the trustees had authority under the trust to effectuate the transactions at issue and affirmed the trial court’s determination that no breach of fiduciary duty occurred.

Prominent Social-Services Charitable Organization

Representation of a prominent social-services charitable organization in an action to enforce the charity’s rights under a century-old charitable bequest.

Representation of Trustees in Removal Action

Representation of trustees in a removal action based on allegations of breaches of fiduciary duty and self-dealing in connection with transfers of thousands of acres of land among multiple family trusts.

Will Contests

Representation of family-member beneficiaries in a will contest alleging undue influence, lack of testamentary capacity, and fraud.

No-Contest and In Terrorem Clauses in Trusts

Representation of trustees in an action to enforce the no-contest or in terrorem clause of a trust.

Death-Bed Conveyance

Representation of widow in defense of a death-bed conveyance by which her late husband deeded his ownership interest in an historic property to her.

Reasonable Deviation from Trust Terms

Representation of proposed interveners in an action seeking reasonable deviation from the terms of the oldest charitable trust in the country (c. 1660) for the benefit of a public school system.

Predecessor Trustees Disputes

Representation of trustees and primary beneficiary of a trust in action against predecessor trustees for self-dealing and other breaches of fiduciary duty.