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Years of Experience
ProfilePart-time Fiduciary Attorney (Wealth Advisory Services) The candidate will support the Wealth Advisory Services Division, particularly on matters relating to fiduciary role as trustee, executor or personal representative for wealth clients. As part of the legal review of new and/or successor trust relationships, provide advice and analysis on: international, federal and multi-state trust & estate laws; international, federal and multi-state tax laws, including generation skipping transfer tax (GSTT); situs and conflicts of law; discretionary distributions. Develop and implement strategic policies, procedures, templates and forms to help standardize and streamline the review of new and successor trusts for the WAS Division. Provide advice and support relating to trust, estate and fiduciary legal analysis for other divisions of Bank, such as the Private Banking group and Securities group, including review of trust and estates instruments. Prepare appointment, acceptance and resignation paperwork for trust customers, including release, refunding and indemnification agreements; and review predecessor trustee refunding and indemnification documents. Work with the WAS Division's paralegals to develop template forms for some of the above mentioned documents, as well as policies and procedures to streamline the legal preparation and negotiation of those documents. Identify, evaluate and escalate legal and regulatory risks affecting the WAS division, including assisting with the review of business line practices and procedures to conform with legal requirements and mitigate risk. Partner with the organization's compliance, risk and audit groups on WAS Division matters affecting trust and fiduciary customers. Keep senior management and other personnel up to date on pertinent legal and regulatory developments, including legal risks. Serve as legal counsel on appropriate business division committee meetings for the WAS division. Conduct research and participating in industry association meetings and think-tanks to keep abreast of relevant laws, regulations, legal developments and industry issues affecting the WAS division. Provide legal review and advice to the WAS Division relating to new business opportunities, in particular, where Bank acts as new and/or successor trustee of a trust or executor or personal representative of a decedents estate.
Qualification and Experience
The candidate should have a J.D. degree. Should be licensed to practice law in Delaware or New York (or ability to obtain in-house counsel license in Delaware or New York, as applicable). Must have 4+ years of relevant trust and estate, tax and fiduciary law experience. Should have experience in trust & estates, tax and fiduciary law; advising on trust and estate administration, fiduciary income tax and other fiduciary and investment law issues; risk and conflict analysis; and knowledge of Delaware trust law or the Uniform Trust Act. Should have experience in trust & estate, tax and fiduciary laws. Must be familiar with Delaware and other state direction trusts, delegated trusts and/or fully discretionary trusts; tax planning structures; entity formation documents; and other sophisticated estate planning structures. Should have experience handling sophisticated ultra-high-net-worth trusts and estates. Must be comfortable providing advice and analysis on: conflicts of interest, including OCC regulatory guidance relating to conflicts of interest; principal and income; and closely held and unique assets, such as LLCs, LPs, partnerships; entity formation; real estate; and loan structures. Ability to understand and integrate details of business/operational/systemic environment in applying legal and policy requirement is needed.
Application Deadline: August 30, 2018.
The M&T Bank
1 MT Plaza
Buffalo, NY 14203