Mandatory Arbitration Clauses in Trusts

Mandatory Arbitration Clauses in Trusts

Texas bucks the trend and upholds enforcement


Mandatory arbitration clauses in wills and trusts can be an efficient means of preserving family wealth and minimizing the intensity and duration of family conflict. But, until this year, the prevailing wisdom held that, under most states’ laws, an arbitration clause in a will or a trust was unenforceable. Courts and commentators concluded that an arbitration cla

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