Brett C. Herbert

Partner
blank image Brett C. Herbert

Brett C. Herbert

Partner
Richmond T: 804.977.1242 F: 804.977.1280
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Brett C. Herbert

Brett C. Herbert

PARTNER
bherbert@whitefordlaw.com
RICHMOND
T: 804.977.1242
F: 804.977.1280
Biography
BIOGRAPHY
Mr. Herbert is a litigator who focuses his practice on estate and trust litigation, general commercial litigation, real estate litigation and community association representation.

Mr. Herbert advises community associations (homeowners associations and condominium associations) on their general legal matters, as well as in litigation matters involving covenant enforcement actions and collections actions.

In his estate litigation practice, he represents clients involved in bringing challenges to (and defending against challenges to) wills and trusts. He also handles will and trust interpretation disputes, as well as bringing claims against (and defending claims against) executors and trustees for breach of fiduciary duties. He also handles guardianship and conservatorship proceedings, including routine uncontested matters, as well as contested matters.

Mr. Herbert represents businesses in an array of contract disputes, as well as disputes involving claims for fraud, defamation, conspiracy, and tortious interference. He also represents businesses in premises liability and other tort claims.

His real estate litigation practice consists of litigating eviction claims, title disputes, and community association disputes.
 

Recognitions

  • Best Lawyers in America® Ones to Watch distinction in Commercial Litigation, 2021-2024, Real Estate Law, 2023-2024, Trusts and Estates, 2022-2024
  • Selected as a “Rising Star” in Virginia Super Lawyers, 2023
  • Recognized as a “Top Lawyer” by Coastal Virginia Magazine, 2020-2025
  • Virginia Business Magazine, Construction "Legal Elite" (2024-2025)
  • Virginia Business Magazine, Young Lawyer"Legal Elite" (2016)
 

Memberships & Activities

  • Virginia State Bar; Real Property Section, Trust and Estates Section
  • Virginia Association of Defense Attorneys: former Chair and former Vice-Chair of the Corporate & Commercial Litigation Section; former Member of the Legislative Committee
  • Williamsburg Bar Association
  • Richmond Bar Association
  • Community Associations Institute
    • Central Virginia Chapter
      • Member of the Membership Committee
    • Southeastern Virginia Chapter
INSIGHTS

Co-Presenter, EV Charging in Virginia Common Interest Communities, for Southwestern Virginia Chapter-CAI, on September 26, 2025

Panelist at Virginia Association of Defense Attorneys (VADA) 2022 Spring Sections Seminar – Corporate & Commercial Litigation Section

Author, Deeper Into The Thicket: Navigating The Increasingly Complex And Curious World Of Virginia General District Court Civil Litigation, The Journal of Civil Litigation, Vol. XXX, No. 3, Fall 2018

Co-Author, USLAW Retail Compendium of Law: Virginia, Retail, Restaurant, and Hospitality: Guide to Virginia Premises Liability, 2017 & 2018

Co-Author, USLAW Commonwealth of Virginia Compendium of Law, 2017

ARTICLES

November 25, 2025

How Do Wills Affect Right of Survivorship Property in Virginia

Owning property with the right of survivorship can sometimes create conflicts with the terms of a person’s will.  This can lead to confusion, unintended outcomes, and even disputes.  Disputes about right of survivorship retitlings of property (for example, real property or other property including bank accounts) are fairly common in estate dispute matters.
October 8, 2025

Discovery in Virginia Circuit Court Litigation: An Overview

In Virginia, once a lawsuit is filed, the door is open for the litigants (parties to a lawsuit) to engage in “discovery”.  As a general matter, discovery is the set of formal processes whereby the parties can obtain information and documentation from each other and third parties in order to investigate their claims and defenses and prepare their cases for trial.
October 7, 2025

Client Alert: Virginia Legislative Updates for Trust and Estate Litigation: 2025

The Virginia General Assembly passed several laws that affect trust and estate litigation in Virginia in 2025. They include more protections for estate planners, simplification of transfer-on-death deed revocation under certain circumstances, and changes in multiple financial figures in several statutes. These are important updates to note for trustees, executors, estate administrators, attorneys, and beneficiaries.  
August 5, 2025

The Fiduciary Duties of an Executor of An Estate in Virginia

Executors and administrators of estates in Virginia must swear an oath before the probate clerk that they will “faithfully perform the duties of [their] office to the best of [their] judgment.”  These duties are called “fiduciary” duties and have been established by both the General Assembly as well as the Courts of Virginia.
August 1, 2025

Filing a petition for Guardianship or Conservator in Virginia

When loved ones become incapacitated and have no estate planning documents in place appointing a guardian or conservator (or when replacement of a current guardian or conservator is necessary), Virginia law allows the filing of a petition with the court to appoint/replace one.