As a partner in the firm’s Private Wealth Services group, Ben serves as a trusted advisor to dozens of ultra-high-net worth families, closely held businesses, and family offices. Ben also provides guidance and advice to banks and other financial institutions concerning wealth management, regulatory requirements, and fiduciary litigation matters.
For his individual and family clients, Ben’s practice involves complex estate planning, estate administration, and estate and gift tax issues. His clients look to him to design and implement creative and effective wealth transfer and charitable giving plans. Such planning often involves assisting business owner clients in the smooth and tax effective transition of closely held business entities to the next generations.
In addition to his work for individuals, a large part of Ben’s practice involves advising banks and financial institutions, particularly in the wealth and fiduciary space. Such representations involve advising financial institutions on a wide range of matters involving disputes with customers and beneficiaries, investment diversification issues, trust modifications and terminations, and tax and regulatory issues, including matters involving the FDIC, OCC, and FINRA. Ben’s goal is to assist the financial institution in protecting itself by complying with federal and state laws, while maintaining strong relationships with customers and beneficiaries.
Ben is a sought-after speaker for continuing education and in-house training seminars and is the author and editor of numerous books and articles. He is also a Fellow in the American College of Trust and Estate Counsel (ACTEC).
Experience
- Have been retained on multiple occasions to advise some of the largest banks in the country regarding issues involving the Corporate Transparency Act.
- Represented multiple large banks in the sale of all or a portion of their trust business segments.
- Advise large banks concerning fiduciary responsibilities with respect to investments and Regulation 9 requirements.
- Represent trustee of trust with assets in excess of $4 billion.
- Reformation of testamentary trusts to qualify as charitable remainder trusts – saving millions of dollars in unnecessary taxes.
- Advising and assisting clients regarding the tax-efficient transmission of family-owned business to younger generations, including the strategic use of partnerships, LLCs, grantor trusts, reorganizations, recapitalizations, employee benefit plans, buy-sell agreements and installment sales.
- Establishing complex giving strategies, including charitable lead trusts and charitable remainder trusts, to accomplish the charitable goals of clients while minimizing taxes.
- Obtaining favorable private letter rulings from the National Office of the Internal Revenue Service regarding estate and generation-skipping transfer tax issues.
- Representing corporate fiduciaries in general fiduciary claims, including actions for removal and improper investments.
- Virginia
- U.S. Court of Appeals for the Fourth Circuit
- Supreme Court of Virginia
Fellow in The American College of Trust and Estate Counsel
AV Preeminent Rated, Martindale-Hubbell
Selected for inclusion in The Best Lawyers in America, Trusts and Estates, 2024, 2025, Woodward/White, Inc.
Selected for inclusion, Private Wealth Law, Band 1, Virginia, 2017; “Up and Coming”, Virginia, 2018; Private Wealth Law, Band 2, Virginia, 2019-2023, Chambers HNW
Guide
Named to “Virginia Rising Stars,” Estate & Probate, Super Lawyers, Thomson Reuters, 2013
- Co-author, "Probate: Virginia," Thomson Reuters Practical Law, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025 Editions
- Co-author, Fiduciary and Trust Activities, American Bankers Association, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024 Editions
- Author, Recent Cases of Interest to Fiduciaries: July 2018, McGuireWoods Legal Alert, July 24, 2018
- Author, "Revocable Transfer on Death Deed (VA)," Thomson Reuters Practical Law, February 20, 2018
- Author, Recent Cases of Interest to Fiduciaries: January 2018, McGuireWoods Legal Alert, January 2, 2018
- Co-author, "Intricacies of the Uniform Principal and Income Act – Part 3," Estate Planning, July 2017
- Co-author, "Intricacies of the Uniform Principal and Income Act – Part 2," Estate Planning, June 2017
- Co-author, "Intricacies of the Uniform Principal and Income Act – Part 1," Estate Planning, May 2017
- Author, "Charitable Planning Opportunities in Times of Low Interest Rates," Practical Tax Strategies, December 2015
- Co-author, "Early Termination of Charitable Remainder Trusts," Practical Tax Strategies, November 2013
- Author, Recent Cases of Interest to Fiduciaries: February 2013, McGuireWoods Legal Alert, February 28, 2013
- Author, Changes to Virginia Uniform Trust Code Facilitate Popular Estate Planning Techniques, McGuireWoods Legal Alert, March 28, 2011
- Co-author, Selected Legal Issues Affecting the Elderly Client, Continuing Education Written Materials, National Business Institute, 2010
- Author, Repairing the Broken Trust, Continuing Education Written Materials, Web Credenza, 2010
- Author, New Guidance for Trustees of ILITs, McGuireWoods Legal Alert, July 28, 2009
- William & Mary Law SchoolJD2004
- Brigham Young UniversityBA2001
Member, Tax Section, American Bar Association
Member, Taxation Section; Trusts and Estates Section, Virginia Bar Association
Member, Trusts and Estates Section, Virginia State Bar
Member, The Estate Planning Council of Richmond, Virginia
Fellow, American College of Trust and Estate Counsel
Past President, Trust Administrators Council of Richmond
- Speaker, "Recent Court Cases and Statutory Updates You Should Know About," Annual Wealth Planning Update for Fiduciaries and Advisers, November 13, 2024
- Speaker, "Estate Planning and Valuations: Reviewing the Past Year and Looking Ahead," Virginia Society of CPAs Annual Conference, September 19, 2024
- Co-presenter, "Fiduciary Litigation Update," American Bankers Association Teleconference, May 2, 2024
- Speaker, "2023 Federal and Virginia Updates to Trust and Estate Law," Annual Wealth Planning Update for Fiduciaries and Advisers, October 25, 2023
- Co-presenter, "Fiduciary Litigation Update," American Bankers Association Teleconference, May 11, 2023
- Speaker, "2022 Federal and Virginia Updates to Trust and Estate Law," Wealth Planning Scouting Report, Richmond, VA, October 27, 2022
- Co-presenter, "Fiduciary Litigation Update," American Bankers Association Teleconference, May 5, 2022
- Speaker, "Estate Planning in 2022: Where Do We Go From Here?," Virginia Gift Planning Council, January 6, 2022
- Speaker, "Introduction" and "2021 Federal and Virginia Updates to Trust and Estate Law," New Developments in Tax and Wealth Planning, October 21, 2021
- Speaker, "Fiduciary Litigation Roundtable," American Bankers Association, May 2021
- Speaker, "Recent Cases Involving Estate and Gift Tax Valuations," The Virginia Society of CPAs, September 2020
- Speaker, "Hot Topics in Estate and Gift Tax Valuation," 2020 Business Valuation, Fraud & Litigation Services Virtual Conference, September 16, 2020
- Speaker, "Fiduciary Litigation Roundtable," American Bankers Association, May 2020
- Speaker, "2019 Federal and Virginia Updates to Trust and Estate Law," New Developments in Wealth Planning, Richmond, VA, October 24, 2019
- Speaker, "What Clients are Considering in Selecting Trust Situs," 14th Annual Fiduciary Advisory Services Seminar, Wednesday, October 2, 2019
- Speaker, "Fiduciary Litigation Roundtable," American Bankers Association, May 2019
- Co-presenter, "Fiduciary Litigation Updates," Fiduciary Risk Management and Compliance Roundtable, December 2018
- Speaker, New Developments in Wealth Planning Seminar, October 2018
- Speaker, "Estate Planning in Light of Tax Law Changes," 13th Annual Fiduciary Advisory Services Seminar, October 2018
- Speaker, "Fiduciary Litigation Roundtable," American Bankers Association, May 2018
- Speaker, How to Advise Your Clients: Impact of the 2017 Tax Act on Estate, Income Tax, and Business Planning, January 2018
- Speaker, "Recent Updates in Trust and Estate Law," New Developments in Wealth Planning, McGuireWoods LLP Complimentary Seminar, October 2017
- Co-presenter, "Protecting Trusts from Creditors," In-House Continuing Education Webinar for Bank and Corporate Trustees, September 2017
- Co-presenter, "Discussion of Recent Fiduciary Litigation Cases in the Southeast Region," American College of Trust and Estate Counsel (ACTEC), Southeast Regional Meeting, September 2017
- Co-presenter, "Recent Court Cases of Interest for Fiduciaries," In-House Continuing Education Webinar for Bank and Corporate Trustees, August 2017
- Speaker, "Repairing the Broken Trust," Professional Education Broadcast Network, May 2017
- Speaker, "Fiduciary Litigation Roundtable," American Bankers Association, May 2017
- Speaker, "Recent Trends in Estate and Trust Administration," Richmond Estate Planning Council, April 2017
- Speaker, "Basic Estate Planning Documents," Life Planning Series, Westminster Canterbury, December 2016
- Co-presenter, "Tips and Practices for Avoiding Fiduciary Litigation," In-House Seminar for Bank and Corporate Trustees, November 2016
- Speaker, "State and Federal Trust and Estate Law Updates," New Developments in Wealth Planning, McGuireWoods LLP Seminar, October 2016
- Speaker, "Managing Charitable Bequests to Avoid Litigation," 14th Annual Nonprofit Seminar – Staying Current in a Changing Landscape, October 2016
- Speaker, "Closely Held Businesses: Recent Cases of Interest for Fiduciaries," National Trust Closely Held Business Association Conference, October 2016
- Co-presenter, "A Primer on Decanting," In-House Continuing Education Webinar for Bank and Corporate Trustees, September 2016
- Speaker, "Estate Planning in Light of the Proposed 2704 Regulations," Richmond Trust Administrators Council, September 2016
- Speaker, "Fiduciary Litigation Roundtable," American Bankers Association, May 2016
- Speaker, "Decanting and Otherwise Modifying Irrevocable Trusts," Professional Education Broadcast Network, February 2016
- Speaker, New Developments in Tax and Wealth Planning, October 22, 2015
- Co-presenter, "Uniform Prudent Investor Act: What Fiduciaries and Planners Should Know," In-House Continuing Education Webinar for Bank and Corporate Trustees, October 2015
- Speaker, "2015 Estate Planning Updates," Financial Planning Association of Central Virginia Forum, June 2015
- Co-presenter, "Uniform Prudent Investor Act, Uniform Principal and Income Act, Third Restatement Trusts: What All Estate Planners Need to Know," Uniform Prudent Investor Act, Uniform Principal and Income Act, June 2015
- Co-presenter, "Uniform Principal and Income Act: What Fiduciaries and Planners Should Know," In-House Continuing Education Webinar for Bank and Corporate Trustees, October 2015
- Speaker, Fiduciary Litigation Roundtable, American Bankers Association, May 2015
- Speaker, "Virginia Trust and Estate Law Updates," New Developments in Tax and Wealth Planning, October 22, 2014
- Speaker, "Business Succession: Transitioning to the Next Generation," 42nd Annual Estate Planning Seminar, University of Richmond, May 2014
- Speaker, "Recent Litigation Involving Trust & Fiduciary Matters," Virginia Bankers Association Trust and Wealth Management Conference, May 5, 2014
- Speaker, "2014 Federal Estate Tax Update," Virginia Gift Planning Council, April 2014
- Speaker, "Repairing the Broken Trust: Modifying and Restructuring Irrevocable Trusts," Repairing the Broken Trust, January 2014
- Speaker, "Virginia Trust and Estate Law Updates," New Developments in Tax and Wealth Planning, Wednesday, October 30, 2013
- Speaker, "Planning with Grantor Trusts," 35th Annual Duke Estate Planning Conference, October 2013
- Speaker, "Administering Estates with Complex Assets," 41st Annual Estate Planning Seminar, University of Richmond, May 2013
- Speaker, "Changes in Virginia Trust Law," Virginia Next Estate Planning Council, April 2013
- Speaker, "Changes in Virginia Trust Law," New Developments in Tax and Wealth Planning, McGuireWoods LLP, October 2012
- Speaker, "2012 Federal Estate Tax Update," National Business Institute, September 2012
- Speaker, "2012 Estate Planning Update," University of Richmond Estate Planning Seminar, May 2012
- Speaker, "2012 Federal Estate Tax Update," 10th Annual North Carolina/South Carolina Tax Section Meeting, May 2012
- Speaker, "Restructuring Irrevocable Trusts In Light of Changing Circumstances," Professional Education Broadcast Network, 2011
- Speaker, "Issues Affecting the Elderly Client," Richmond Paralegal Association, 2011
- Speaker, "Repairing the Broken Trust: Modifying, Restructuring and Terminating Irrevocable Trusts Under Virginia Law," University of Richmond Estate Planning Seminar, 2011
- Speaker, "Issues in the Administration of a Virginia Estate," Virginia Bar Association, Young Lawyers Division, 2010
- Speaker, "Repairing the Broken Trust: Modifying and Restructuring Irrevocable Trusts," Professional Education Broadcast Network, 2010
- Speaker, "Selected Legal Issues Affecting the Elderly Client," Continuing Education Seminar, National Business Institute, 2010
- Speaker, "Being Thorough to Close the Estate Without a Hitch," Continuing Education Seminar, 2009
- Speaker, "Considerations for Collecting the Assets, Preparing the Inventory and Handling Claims Against the Estate," Continuing Education Seminar, 2009