Article on Arbitration Clauses in Estate Planning Documents

Nancy E. Delaney, JonathanByer, & Michael S. Schwartz (Curtis, Mallet-Prevost, Colt & Mosle LLP)recently published an article entitled, Rachalv. Reitz and the Evolution of the Enforceability of Arbitration Clauses inEstate Planning Documents, Probate & Property Vol. 27 No. 6(November/December 2013).  Provided belowis the introduction to their article:

On May 3, 2012, the SupremeCourt of Texas issued its opinion in Rachalv. Reitz, 403 S.W.3d 840 (Tex. 2013), holding that an arbitration clause inan inter vivos trust instrument is valid and enforceable against the trust beneficiaries.  The court’s decision is the latest step in theevolving national acceptance and enforcement of arbitration clauses in estateplanning documents.  This articlediscusses the reasoning in Rachal andexplores the potential effect of the decision on the national debate.  Based on Rachal,as well as case law and legislation in other states, this article also seeks toprovide some practical drafting approaches for crafting arbitration clauses intrusts and wills in order to maximize the prospect of enforceability.