White Paper

3 Pages
  • 3 Pages

Avoiding Fiduciary Conflicts of Interest


Trustees always have a duty to act in good faith.

Trustee conflicts are often thought of in regards to trustee self-dealing, which is customarily a problem to which the beneficiary can collect compensation.  Before dealing with a conflict trustees must take action before they are faced with breach of loyalty. This white paper reviews how to avoid a conflict situation and what to do if you find yourself faced with one.



Carol Warnick

Carol Warnick

Holland & Hart, LLP

Carol Warnick is a Partner at Holland & Hart. She concentrates her practice in several related areas. One is estate and wealth transfer planning and administration, in which her clients include executives, owners of closely-held businesses, and families of significant wealth. Another is as a member of the Firm's Trust & Estate Litigation Group in which she litigates on behalf of trustees and other fiduciaries (both individual and corporate), heirs, beneficiaries, and creditors in the resolution of probate- or trust-related disputes. Ms. Warnick is also an AAA trained mediator and mediates trust and estate related disputes. She is a Fellow of the American College of Trust and Estate Counsel, in which she is an active member of ACTEC's Fiduciary Litigation Committee. She has been recognized in the Chambers High Net Worth Guide under Private Wealth Law. She also was recognized by The Best Lawyers in America© as Lawyer of the Year, Litigation?Trusts and Estates for Denver in 2015 and 2017, and was honored as one of Worth magazine's Top 100 Attorneys for two consecutive years. In addition, she has also been named one of Colorado's top 25 female Super Lawyers and is included in the Martindale?Hubbell® Bar Register of Preeminent Women Lawyers. She actively practices in Colorado, Utah, and Wyoming.

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