Mark E. Swirbalus

Practice Areas

Private Wealth Services | Trusts, Estates and Fiduciary Litigation

Career

Mark Swirbalus is a private wealth services litigator, trial attorney and advisor in Holland & Knight's Boston office. Mr. Swirbalus focuses his practice on high-stakes trust and estate (T&E) disputes and probate and fiduciary litigation in Massachusetts and other jurisdictions across the country.

Mr. Swirbalus represents individuals, families, charitable organizations and financial institutions as beneficiaries, trustees, executors, administrators and personal representatives. He acts as lead counsel on a broad range of T&E-related disputes, including:

- trust and will contests involving allegations of undue influence, incompetency and fraud

- interference with inheritance actions

- breach of fiduciary duty and removal actions

- contested accountings

- trust reformation, modification and interpretation actions

- irrevocable life insurance trust (ILIT) matters

- trust and estate property disputes

- family limited partnership (FLP) disputes

- trust-held limited liability company (LLC) disputes

- reasonable deviation and cy pres matters

Mr. Swirbalus is among a small group of lawyers based in the Boston area who dedicate their practice entirely to handling T&E-related disputes, which can be a highly specific and nuanced area of the law. He appreciates the trust that clients place in him and is sensitive to the personal nature of their legal matters. This area of litigation at times can be stressful and disruptive, but he works diligently to enable his clients to continue their daily lives. Mr. Swirbalus finds this work deeply gratifying and gains satisfaction in serving as a sounding board on a wide range of issues for individuals and the future generations of their families.

Mr. Swirbalus is a frequent lecturer, and has been asked to speak at conferences and seminars for the following organizations: American College of Trust and Estate Counsel (ACTEC); American Law Institute (ALI); New England Fellows Institute; Massachusetts Bar Association; Boston Bar Association; Massachusetts Continuing Legal Education (MCLE) Inc.; Boston Probate and Estate Planning Forum; Cambridge Forums, Forum on Private Wealth Litigation; Greater Boston Fiduciary Law American Inn of Court; Boston Estate Planning Council and Boston College Law School.

Professional Memberships

American College of Trust and Estate Counsel (ACTEC), Fellow, Fiduciary Litigation Committee, 2012-Present; Cambridge Forums, Forum on Private Wealth Litigation, 2021-Present; Steering Committee, 2023-Present

Personal

Best Lawyers in America, Litigation – Trust & Estates, 2023; Chambers High Net Worth guide, Private Wealth Disputes-Massachusetts, 2016-2023; Boston Magazine, Top Lawyer, Trust & Estates, 2022; Massachusetts Super Lawyers magazine, Estate and Trust Litigation, 2009-2022; Top 100 Attorney, 2016