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Matthew D’Emilio and Kerry Porter write for the Winter 2022 issue of Delaware Banker.
“Disputes among beneficiaries and trustees are sometimes inevitable. When those disputes reach an impasse, trustees are often required to engage outside counsel to determine the best course of action and the potential risks of litigation. Without careful consideration of the rules that apply to fee-shifting in Delaware trust litigation, a trustee can find itself footing the bill not only for its own litigation expenses but also the expenses of the trust beneficiaries.”