Primary Office

777 South Flagler Drive
Suite 500 East

West Palm Beach, Florida
33401-6194

P: (561) 650-0663

F: (561) 655-5677

whennessey@gunster.com

Mr. Hennessey is Chairman of the Probate and Trust Litigation Committee of the Real Property, Probate, and Trust Law Section (RPPTL) of the Florida Bar and is a member of RPPTL’s Executive Council. He is a Fellow of the American College of Trust and Estate Counsel (ACTEC) and a frequent author and lecturer on probate and trust litigation topics.

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Practice Areas[ - ]

• Complex and Disputed Estate and Trust Administration
• Probate, Trust, and Guardianship Litigation
• Will and Trust Contests and Defense of Fiduciaries and Beneficiaries
• Will and Trust Construction
• Trust Modification, Revocation, and Termination
• Surcharge and Removal Litigation
• Competency Proceedings
• Appointment of Guardian

Education[ - ]

• University of Florida, J.D., highest honors, 1996
  • Senior Editor, Florida Law Review
• Teaching assistant, legal research and writing
• University of Florida, B.S., highest honors, 1993

Honors[ - ]

• South Florida Legal Guide, “Up & Comer,” 2011
• The Best Lawyers in America, Trusts & Estates, 2008-12
• AV Rated as independently determined by Martindale-Hubbell
• Florida Super Lawyer
• Fellow of the American College of Trust and Estate Counsel

Seminars & Presentations[ - ]

• “Fiduciary Litigation in an Era of Rapidly Changing Technology: Will You Be the Last Samurai?,” ACTEC 2010
• “Till Death Due Us Part: Challenging the Validity of Marriage in Probate Proceedings,” Your 2007 Trust & Estate Symposium (Florida Bar), Florida Fellows Meeting, ACTEC 2008
• “Conflicts Quagmire I: Payment of Trustee Attorneys’ Fees When Defending Breach of Duty Claims,” 2008 Legislative and Case Law Update (Florida Bar)
• “Tangled Web-Attorney-Client and Fiduciary Conflicts,” Probate Team Florida Legal Education Association, 2008
• “Avoiding the Grinch: Drafting, Enforcing, and Challenging Charaitable Pledges,” Planned Giving Council/East Coast Estate Planning Council, 2009
• “Conflicts Quagmire II: Recognizing and Addressing Conflicts for Your Fiduciary Clients,” Your 2006 Trust & Estate Symposium, (Florida Bar)
• “Your 2008 Trust and Estate Symposium-Litigation Under the New Trust Code,” Program Chair (Florida Bar)
• “Uncivil War: Navigating the Minefields of Probate and Trust Litigation,” Wills, Trusts and Estates Certification Review Course
• “Probate Trust and Litigation: When the “Ties That Bind” Unwind,” Wills, Trusts and Estates Certification Review Course (Florida Bar)
• “What’s Good for the Goose . . . Elective Share and Other Spousal Rights,” Wills, Trusts and Estates Certification Review Course (Florida Bar)

Publications[ - ]

• “Intestate Succession,” Litigation Under Florida Probate Code (3d, 4th, 5th, 6th, and 7th ed.)
• “Will Construction,” Litigation Under Florida Probate Code, (3d, 4th, 5th, 6th, and 7th ed.)
• “Elective Share,” Practice Under Florida Probate Code, (3d, 4th and 5th ed.)

Bar Admissions[ - ]

• The Florida Bar
  • Probate and Trust Litigation Committee, Former Chair
  • Executive Council of RPPTL Section
  • Probate Rules Committee, member
  • Probate Law and Procedure Committee, member
  • Trust Law Committee, member

Civic & Community Service[ - ]

Community Foundation of Palm Beach and Martin Counties, Executive Committee of Professional Advisors