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. Chambers High Net Worth has ranked Scott among Delaware's top practitioners in the area of Private Wealth Law and Private Wealth Disputes, calling him "highly communicative - an exceptional attorney." A Chambers market observer praised Scott’s "calm, sensible approach" and continues: "He's an excellent addition to any team. He's responsive, approachable, and highly creative in his approach." Another market insider described Scott as "a consummate professional" and "truly the epitome of the Delaware way," noting that "no matter how the other side is behaving, or how emotional the matter becomes, Scott remains laser-focused on gracefully, cordially arriving at an agreeably solution for all the parties." 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
- Law Firm ILN-telligence Podcast from International Lawyers Network, February 2022
- Delaware State Bar Association, Fundamentals of Will Drafting and Estate Administration Webinar, "Overview of Estate Planning", September 2020
- Delaware Tax Law Institute, Widener University Delaware Law School, "Recent Developments in Estate Planning: Recent Transfer Tax Letter Rulings", December 2018
- Delaware State Bar Association, Fundamentals of Will Drafting and Estate Administration Seminar, "Overview of Estate Planning", October 2018
- Maryland State Bar Association Estate and Trust Study Group, "A Comparative Look at Maryland and Delaware Trusts", April 2018
- Delaware State Bar Association, Fundamentals of Will Drafting and Estate Administration Seminar, "Overview of Estate Planning", April 2017
- Choosing the Right Entity for Your Business Client, Delaware Tax Institute, Delaware Law School, Wilmington, Delaware (December 2, 2016)
- Understanding Delaware’s Fiduciary Access to Digital Assets and Digital Accounts Act, Delaware State Bar Association, Wilmington, Delaware (January 29, 2015)
- Fundamentals of Will Drafting 2014, Delaware State Bar Association, Wilmington, Delaware (May 13, 2014)
- Basic Trusts for Real People, Delaware State Bar Association, Wilmington, DE (January 9, 2013)
- Basic Trusts for Real People, Delaware State Bar Association, Wilmington, DE (March 3, 2011)
- Durable Personal Powers of Attorney Act: The New Statute, Delaware State Bar Association, Wilmington, DE (September 24, 2010)
- Trust Planning and Drafting Techniques, Sterling Education Services, Wilmington, DE (May 13, 2008)
Publications
- "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)
