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Fiduciary Attorney - 3DI41 in Buffalo, NY at M&T Bank

Date Posted: 7/5/2018

Job Snapshot

  • Employee Type:
  • Location:
    Buffalo, NY
  • Job Type:
  • Experience:
    Not Specified
  • Date Posted:
  • Job ID:

Job Description

M&T Bank

Fiduciary Counsel

Buffalo NY, Wilmington, DE or NYC, NY


The successful candidate will be located in (i) Wilmington, Delaware or (ii) Buffalo, New York and will be supporting the Wealth Advisory Services Division (“WAS Division”) of Wilmington Trust and M&T Bank, particularly on matters relating to Wilmington Trust and M&T Bank’s fiduciary role as trustee, executor or personal representative for wealth clients.  The candidate must have experience in trust & estate, tax and fiduciary laws.  We will consider full-time or part-time candidates.


More specifically, the successful candidate will assist in:


Providing legal review and advice to the WAS Division relating to new business opportunities, in particular, where Wilmington Trust or M&T Bank acts as new and/or successor trustee of a trust or executor or personal representative of a decedents estate.  The candidate should 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.  The candidate must have experience handling sophisticated ultra-high-net-worth trusts and estates. 


As part of the legal review of new and/or successor trust relationships, providing 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.  In addition, the candidate should 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. 


Developing and implementing strategic policies, procedures, templates and forms to help standardize and streamline the review of new and successor trusts for the WAS Division. 


Providing advice and support relating to trust, estate and fiduciary legal analysis for other divisions of M&T Bank, such as the Private Banking group and M&T Securities group, including review of trust and estates instruments.


Preparing appointment, acceptance and resignation paperwork for trust customers, including release, refunding and indemnification agreements; reviewing predecessor trustee refunding and indemnification documents.


Working with the WAS Division’s paralegals to develop template forms for some of the abovementioned documents, as well as policies and procedures to streamline the legal preparation and negotiation of those documents.


Identifying, evaluating and escalating 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.


Partnering with the organization’s compliance, risk and audit groups on WAS Division matters affecting  trust and fiduciary customers; keeping senior management and other personnel up to date on pertinent legal and regulatory developments, including legal risks.


Serving as legal counsel on appropriate business division committee meetings for the WAS Division. 


Conducting 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. 


Minimum Qualifications


J.D. degree required.  Licensed to practice law in Delaware or New York  (or ability to obtain in-house counsel license in Delaware or New York, as applicable)


Minimum of four (4) plus years of relevant trust & estate, tax and fiduciary law experience  


Ability to handle multiple tasks, take on new responsibilities and prioritize work in a deadline-intensive environment; experience in leading and facilitating change


Ability to understand and integrate details of business/operational/systemic environment in applying legal and policy requirement


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


Strong desire to support the identification, evaluation and escalation of legal risk issues


Strong communication skills to deal with internal and external constituencies, including the senior business leaders; outside counsel; regulatory officials;  risk, compliance and audit counterparts at the organization; counterparts at other companies; and industry representatives


 Exceptional written and verbal communications skills; ability to communicate and relate at all levels of the organization


Strong interpersonal and teamwork skills and ability to influence through collaboration


Demonstrated experience in leading others, both through direct relationships and/or indirectly (influencing without direct authority)

M&T Bank Corporation is an Equal Opportunity/Affirmative Action Employer.
M&T Bank Corporation does not sponsor individuals for the purpose of obtaining H-1 Visas.
M&T Bank Corporation has policies and procedures in place to promote a drug free workplace.