Scott Swenson focuses his practice on estate planning and settlement, estate and trust litigation, and advising trustees and other fiduciaries on matters including trust administration, trust modification, and risk management. In doing so, he helps clients achieve their strategic planning objectives and finds cost-effective solutions to the problems and controversies faced by fiduciaries and beneficiaries.

Scott has represented a variety of institutional and individual clients, as fiduciaries and as beneficiaries, in trust and estate matters before the Court of Chancery and the Supreme Court of Delaware. His practice also includes taxation, alternative entities, non-profit organizations, tax controversies, and guardianship. Scott is a Fellow of the American College of Trust and Estate Counsel (ACTEC), a prestigious organization of peer-elected trust and estate attorneys in the United States and abroad. He has also been ranked by Chambers High Net Worth among Delaware's top practitioners in the area of Private Wealth Law and Private Wealth Disputes. Scott was also recognized by The Best Lawyers in America as the 2021 "Lawyer of the Year" for Trusts and Estates in Delaware, and as the 2019 "Lawyer of the Year" for Trust and Estate Litigation in Delaware. Scott is rated AV Preeminent®, Martindale-Hubbell’s highest rating for lawyers.

Scott is also dedicated to pro bono service, serving on the board of directors of Delaware Careplan, Inc., a non-profit organization dedicated to managing special needs trusts, and acting as an attorney guardian ad litem for the Office of the Child Advocate. In addition, Scott is former Chair of the Delaware State Bar Association’s Estates & Trusts Section, and presently chairs the Section’s Continuing Legal Education Committee.

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Ratings reflect the confidential options of members of the Bar and the Judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.

Speaking Engagements

• American Bankers Association, Wealth Management and Trust Executive Council Seminar, "A New Spin on Old Issues! Electronic Execution and Notices" (Charleston, SC) May 2024
• American Law Institute, Representing Estate and Trust Beneficiaries and Fiduciaries 2024, "Virtually Representing Beneficiaries: Expectations and Limitations" March 2024
• Pennsylvania Bar Institute, Estate Law Institute, "Dividing Fiduciary Responsibilities: Directed Trustees and Advisors" (Philadelphia, PA) November 2023
• Delaware State Bar Association, Fundamentals of Will Drafting and Estate Administration Webinar, "Overview of Estate Planning" (Wilmington, DE) October 2023
• Cambridge Private Wealth Litigation Form, "Nobody's Home: Pursuing Claims for Breach of Fiduciary Duty in the Age of Non-Fiduciaries and Extensive Releases, Indemnities, and Exoneration of Fiduciaries Where No One Is Responsible" (Miami, FL) April 2023
• Leimberg/LISI Webinars, "Delaware Silent Trusts: How to Avoid the Minefield When Drafting and Administering" April 2023
• Delaware State Bar Association, Fundamentals of Will Drafting and Estate Administration Webinar, "Overview of Estate Planning" March 2022
• Law Firm ILN-telligence Podcast from International Lawyers Network, February 2022
• Delaware Tax Institute, Widener University School of Law, "Confidentiality, Conflicts and Candor: Three Hot Issues in Tax-Related Counseling and Litigation" (Wilmington, DE) November 2021
• Delaware Bankers Association, Delaware Trust Conference 2021, "Special Needs Planning:What Non-Special Needs Planners Need to Know" (Wilmington, DE) October 2021
• Delaware State Bar Association, Fundamentals of Will Drafting and Estate Administration Webinar, "Overview of Estate Planning" September 2020
• Society of Financial Service Professionals, Webinar, "Modifying an Irrevocable Charitable Trust", March 2020
• Delaware Tax Institute, Widener University School of Law, "Recent Developments in Estate Planning: Recent Transfer Tax Letter Rulings" (Wilmington, DE) December 2018
• Delaware State Bar Association, Fundamentals of Will Drafting and Estate Administration Seminar, "Overview of Estate Planning" (Wilmington, DE) October 2018
• Maryland State Bar Association, Estate and Trust Study Group, "A Comparative Look at Maryland and Delaware Trusts" (Baltimore, MD) April 2018
• Delaware Bankers Association, Delaware Trust Conference 2017, "Mastering the Chess Pieces – Effectively Utilizing the Tools in Delaware Statutes" (Wilmington, DE) October 2017
• Delaware State Bar Association, Fundamentals of Will Drafting and Estate Administration Seminar, "Overview of Estate Planning" (Wilmington, DE) April 2017
• Delaware Tax Institute, Widener University School of Law, "Choosing the Right Entity for Your Business Client" (Wilmington, DE) December 2016
• Delaware State Bar Association, "Understanding Delaware’s Fiduciary Access to Digital Assets and Digital Accounts Act" (Wilmington, DE) January 2015
• Delaware State Bar Association, Fundamentals of Will Drafting and Estate Administration Seminar, "Overview of Estate Planning" (Wilmington, DE) May 2014
• Delaware State Bar Association, "Basic Trusts for Real People" (Wilmington, DE) January 2013
• Delaware State Bar Association, "Basic Trusts for Real People" (Wilmington, DE) March 2011
• Delaware State Bar Association, "Durable Personal Powers of Attorney Act: The New Statute" (Wilmington, DE) September 2010
• Sterling Education Services, "Trust Planning and Drafting Techniques" (Wilmington, DE) May 2008

Publications

• "Choosing Between Grantors and Grantor Trusts? What New IRS Guidance Could Mean for Trustees" Delaware Banker, Winter 2024, Vol. 20, No. 1 (pp. 18-21)
• "Know Your Limitations; The Importance of Statutes of Limitation For Trustees" Delaware Banker, Fall 2017, Vol. 13, No. 4 (pp. 10-13)
• "Possible Privilege Pitfalls; The Fiduciary Exception to the Attorney-Client Privilege" Delaware Banker, Spring 2016, Vol. 12, No. 2 (pp. 14-16)
• “When Does a Signed Trust Document Not Create a Trust?” Trusts & Estates, November 2013 (pp. 40-50) (co-author with Charles J. Durante and Greg J. Weinig)
• Delaware Statutory Trusts Manual, 2010 Edition (LexisNexis, 2010) (contributing author)