Fiduciary Litigation Lawyer Virginia Beach, VA

Fiduciary litigation in Virginia Beach arises when a trustee, executor, guardian, conservator, or agent under a power of attorney is alleged to have breached their duties to a beneficiary, heir, or ward. The Virginia Uniform Trust Code (Va. Code § 64.2-700 et seq.) and the Virginia Probate Code establish the standards by which a fiduciary’s conduct is measured. A beneficiary who suspects mismanagement, self-dealing, concealment of assets, or failure to account may petition the Virginia Beach Circuit Court at 2425 Nimmo Parkway, Bldg 10B, for removal of the fiduciary, a surcharge against their personal assets, or other equitable relief. Mr. Sris and the firm’s Of Counsel attorneys appear in the Fourth Judicial District on behalf of beneficiaries seeking to enforce fiduciary obligations and on behalf of fiduciaries defending against unwarranted claims. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

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What Fiduciary Litigation Means in Virginia Beach

Fiduciary litigation encompasses a range of disputes centered on the conduct of a person or institution that manages assets or makes decisions for the benefit of another. In Virginia Beach, these matters are heard in the Virginia Beach Circuit Court, which exercises jurisdiction over probate, trust administration, will contests, and guardianship and conservatorship proceedings. The court at 2425 Nimmo Parkway, Bldg 10B, adjudicates claims involving breach of fiduciary duty, undue influence, lack of testamentary capacity, and improper trust administration under the Virginia Uniform Trust Code.

The Virginia Uniform Trust Code governs the creation, administration, modification, and termination of express trusts. It imposes duties of loyalty, prudence, and impartiality on trustees and grants beneficiaries the right to demand an accounting. The Virginia Wills Act (Va. Code § 64.2-400 et seq.) governs the formal execution of wills, intestate succession, and the grounds for contesting a will. Virginia does not impose a state estate tax; federal estate tax considerations may arise in larger estates but do not drive most fiduciary litigation in the Virginia Beach Circuit Court. Understanding how these statutory frameworks apply in the Fourth Judicial District is central to evaluating and pursuing a fiduciary claim.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Fiduciary Litigation Cases

Fiduciary litigation often begins with a beneficiary’s discovery that assets have been mismanaged, an accounting has been refused, or a will or trust does not reflect what the beneficiary understood the decedent’s intentions to be. Mr. Sris and the firm’s Of Counsel attorneys review the governing instrument, the fiduciary’s accountings and records, and any communications that bear on the fiduciary’s conduct. The goal in the early stage is to determine whether the fiduciary’s actions fell below the standard of care required under the Virginia Uniform Trust Code or the Probate Code, and whether informal resolution—through a demand for an accounting, a demand for distribution, or negotiation toward a settlement—is feasible.

When informal efforts are insufficient, the firm prepares and files a complaint in the Virginia Beach Circuit Court. Depending on the nature of the claim, the litigation may seek removal of the fiduciary, a surcharge for losses caused by breach, imposition of a constructive trust, or invalidation of a testamentary instrument procured through undue influence or executed without the requisite capacity. Mr. Sris and the firm’s Of Counsel attorneys conduct discovery, take depositions, and retain forensic accounting and valuation attorneys when the case requires it. The firm works to position each matter for resolution on terms favorable to the client while remaining prepared to try the case if a just settlement cannot be achieved.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His experience includes representing clients in trust and estate matters across the firm’s five jurisdictions. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). A former prosecutor, he brings a trial-focused perspective to fiduciary litigation in the Virginia Beach Circuit Court.

The firm’s Of Counsel attorneys contribute experience across a range of related practice areas, including civil litigation, family law, and business disputes, which can arise in the fiduciary context when family partnerships, closely held business interests, or marital assets intersect with trust and estate administration. The firm serves Virginia Beach, Sandbridge, and Oceana from its Richmond Location at 7400 Beaufont Springs Drive, Suite 300, and appears regularly in the Virginia Beach Circuit Court. Results may vary.

Frequently Asked Questions

What is fiduciary litigation in Virginia?

Fiduciary litigation is a civil court process involving disputes over the conduct of a trustee, executor, guardian, conservator, or agent under a power of attorney who owes a legal duty to act in the best interests of another person. In Virginia, the Virginia Uniform Trust Code and the Probate Code define the duties a fiduciary owes to beneficiaries or wards. Common claims include breach of fiduciary duty, failure to account, self-dealing, waste of estate or trust assets, conflicts of interest, and procurement of a will or trust through undue influence. These matters are heard in the Virginia Beach Circuit Court, which has jurisdiction over probate, trust, and estate disputes.

Do I need a lawyer for a will contest in Virginia Beach?

Yes—will contests involve strict procedural requirements, evidentiary burdens, and statutory deadlines, and proceeding without experienced counsel can result in the loss of the right to challenge or defend a will. In Virginia Beach, a will contest is initiated by filing a complaint in the Virginia Beach Circuit Court, which is located at 2425 Nimmo Parkway, Bldg 10B. Grounds for contesting a will under the Virginia Wills Act include lack of testamentary capacity, undue influence, fraud, improper execution, and revocation. The contesting party bears the burden of proof, and the estate is typically frozen during the litigation. To discuss your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

How does a breach of fiduciary duty claim work in Virginia?

A beneficiary files a complaint in the Circuit Court alleging that the fiduciary breached a duty owed under the governing instrument or the Virginia Uniform Trust Code, and seeks remedies including removal, surcharge, or imposition of a constructive trust. The Virginia Uniform Trust Code imposes duties of loyalty, prudence, impartiality, and full disclosure on trustees. Executors and administrators owe similar duties under the Probate Code. If the court finds a breach, it may remove the fiduciary, require repayment of losses from the fiduciary’s personal assets, and award attorney fees and costs. The timeline and outcome depend on the specific facts and the court’s calendar. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What are the signs that a trustee or executor is mismanaging an estate or trust in Virginia Beach?

Common indicators include refusal to provide an accounting, unexplained delays in distribution, commingling of trust or estate assets with the fiduciary’s personal funds, preferential treatment of one beneficiary over another, and self-dealing transactions that benefit the fiduciary at the expense of the trust or estate. Under the Virginia Uniform Trust Code, a beneficiary is entitled to request and receive information about the trust’s administration, including accountings. An executor must file an inventory with the Commissioner of Accounts within four months of qualification. When a fiduciary does not fulfill these obligations, experienced counsel can petition the Virginia Beach Circuit Court for relief. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.

Can a trustee be removed in Virginia?

Yes—the Virginia Uniform Trust Code authorizes the Circuit Court to remove a trustee upon a showing of serious breach of trust, unfitness, unwillingness to act, or a material change in circumstances that warrants removal. A beneficiary or co-trustee may petition the Virginia Beach Circuit Court for removal. Grounds for removal include breach of fiduciary duty, failure to cooperate with a co-trustee, and a demonstrated conflict of interest that harms the trust or its beneficiaries. The court may also remove a trustee if continued service would substantially impair the administration of the trust. Removal proceedings require clear evidence and adherence to procedural rules. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What should I bring to a consultation about a fiduciary litigation matter?

Bring any documents related to the trust, will, estate, guardianship, or power of attorney at issue, including the governing instrument, accountings, correspondence from the fiduciary, and any records that show what you believe to be misconduct or mismanagement. For a will contest, bring the will offered for probate and any prior wills you are aware of. For a trust dispute, bring the trust instrument and any amendments. For an estate administration dispute, bring the inventory, accountings, and any correspondence with the executor. Organizing these materials chronologically before the consultation helps the attorney evaluate the matter efficiently. To schedule a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.

Virginia Legal Resources: Virginia Code Title 64.2 — Wills, Trusts, and Fiduciaries · Virginia Judicial System · Virginia Beach Circuit Court

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