Trusts & Estates

Commitment to Excellence and Innovation.

For generations, our Trusts & Estates Group has been committed to excellence and innovation in advising individuals and fiduciaries both in the US and abroad. Consistently recognized as a leader in its field by Best Lawyers in America and Chambers and Partners, Milbank's place at the leading edge of trusts and estates issues provides clients with creative and forward-looking advice.

integration of advice

The Trusts & Estates Group also works closely with our other practice areas, including Corporate, Finance, Tax and Litigation & Arbitration to provide coordinated and proactive advice with respect to the wide range of issues our clients face. We also work with the Exempt Organizations, Executive Compensation and Employee Benefits, and Real Estate Groups to provide fully-integrated service.

Wide Range of Expertise

Our practice is dedicated to guiding our individual clients throughout their lives on personal and financial matters in a manner that achieves their individual and family goals and minimizes erosion due to taxes and other liabilities. Our practice includes expertise in a wide range of areas, including:

  • Individualized estate plans to meet each client’s specific goals
  • Tax-efficient structures for transferring wealth to descendants, charities and other beneficiaries
  • Complex gift and estate tax and corporate issues that are particular to owners of private equity and hedge funds, real estate properties and closely held businesses, as well as CEOs of public companies
  • Charitable gift structures, including charitable lead and remainder trusts and private foundations and negotiating pledge agreements with public charities
  • Transactions with fine art, including negotiating consignment agreements with auction houses and private sale agreements and structuring gifts to individuals and charities that address issues special to fine art
  • Complex gift, estate and income tax issues that are faced by international clients, including advice on foreign trust structures
  • Matrimonial matters, including the preparation of prenuptial agreements, agreements between unmarried couples and trust, estate and tax advice related to divorce

individual and corporate fiduciaries

In addition, we represent individual and corporate fiduciaries on the full array of their responsibilities, including estate and trust administration and probate, identifying opportunities for tax savings, preparing tax returns and resolving disputes with beneficiaries, creditors and the Internal Revenue Service.

will contests and litigation

We also work closely with our Litigation & Arbitration Group when disputes arise and have played a key role in some of the most noted will contests. Our extensive experience with contested accountings, construction proceedings and other litigated matters affecting trusts and estates allows us to advise clients on minimizing the risk of litigation and handle disputes when they do arise.