A fiduciary, such as a Trustee of a Trust or the Personal Representative (sometimes called the Executor) of a Probate Estate, owes certain duties to the beneficiaries of the Trust or the Probate Estate, as the case may be. Generally speaking, a breach of fiduciary duty occurs when a fiduciary fails – intentionally or otherwise – to act in the beneficiary’s best interest, such as in direct opposition to the express terms of a Trust instrument. One example of a breach of fiduciary duty is when a fiduciary acts in his/her own personal interest rather than that of the beneficiary or beneficiaries whose Trust interests the fiduciary is obligated to legally protect.