Brett C. Herbert
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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
- Central Virginia Chapter
Co-Presenter, "Chat HOA: The Impact of AI on the CIC Industry," for the Washington Metro Chapter of the Community Association Institute, February 2026
Co-Speaker: "Working with a Divided Board of Directors," for EJF Real Estate, January 23, 2026
Co-author, Viginia Legislative Updates for Trust and Estates: 2025, for the Virginia State Bar Trusts and Estates Newsletter, Winter 2026
Co-Presenter, EV Charging in Virginia Common Interest Communities, for Southwestern Virginia Chapter-CAI, September 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
Co-Presenter, roundtable discussion, Responding to AI Generated Owner Requests and Communications, for the Southwestern Virginia Chapter-CAI annual meeting, on January 23, 2026
Co-Author, Community Association Management Transitions in Virginia: Potential Legal Hazards and Best Practices for a Smooth(er) Handoff, in CVC-CAI’s Consensus News Journal, Winter 2025
Co-Presenter, CICB Virginia Law Training, for Southeastern Virginia Chapter-CAI, on October 29, 2025
Author, Why and When Do Associations Need Legal Counsel, Southeastern Virginia Chapter-CAI Currents Magazine, Q1 2022.
ARTICLES
Agent Under Power of Attorney Not Providing Information? What You Can Do
Common Will Dispute Scenarios in Virginia
Agent under a Power of Attorney vs. Executor: Understanding the Difference in Virginia
Using Natural Resources in a Life Estate: What Virginia Families Should Know
Client Alert: Virginia Court of Appeals Rules on Entitlement to Elective Share for Separated Spouses
- The Virginia Court of Appeals recently ruled, in the case of Teel v. Teel, on a dispute involving the elective share of a surviving spouse and allegations that such spouse abandoned the marriage.
- This ruling provides helpful guidance for how a Virginia court would resolve such a dispute.
- Under the Court of Appeals ruling, Sue Anderson Teel lost her right to a share of her late husband Gene “Bull” Atkins Teel’s estate due to intentional abandonment, pursuant to Virginia Code § 64.2-308.14(E).
- Despite being married since 1988 and never divorcing, the surviving spouse was found to have “willfully deserted” Bull, who left his estate to his brother.
- Regarding the elective share, under Virginia Code § 64.2-308.3(A), a surviving spouse can claim 50% of the marital property portion of the augmented estate (subject to the limitations and conditions contained in the Virginia Code), but this right is forfeited if the surviving spouse willfully leaves the marriage.
- The Virginia Court of Appeals employed a 2018 Supreme Court framework to assess the issue of abandonment, focusing on the surviving spouse's actions and intent.
- In this case, the evidence showed that the surviving spouse moved out, had minimal contact and engaged in a new relationship, indicating her intent to end the marriage.
- The case highlights the importance of documenting circumstances related to abandonment in estate planning.