A fiduciary duty is a legal obligation bestowed upon a person (called a “fiduciary”) who has been given the authority to act on behalf of another person or entity. A fiduciary relationship exists whenever one party explicitly or sometimes implicitly places trust and confidence in another and the other party accepts responsibility to act on their behalf. This obligation requires fiduciaries to act in the best interests of that person, and not for their own personal gain.
There are many types of fiduciary relationships which give rise to fiduciary duties, such as between agents and principals, attorneys and clients, and trustees and beneficiaries.
In agency law, a fiduciary relationship exists where one person (a ‘principal’) manifests assent to another person (‘an agent’) to act on their behalf. Once this relationship is established, fiduciary duties require the agent to act in good faith and in the best interests of the principal. The subsequent fiduciary duties fall into three categories: the duty of obedience, the duty of loyalty, and the duty of care. Directors of corporations are charged with such fiduciary duties.
[Last reviewed in March of 2026 by the Wex Definitions Team]