November/December 2013

Rachal v. Reitz and the Evolution of the Enforceability of Arbitration Clauses in Estate Planning Document

November/December 2013

Rachal v. Reitz and the Evolution of the Enforceability of Arbitration Clauses in Estate Planning Document

A recent case from the Supreme Court of Texas reversed both lower courts and upheld an arbitration clause in a trust document. This article traces the evolution of the use of these clauses in estate planning documents and, based on case law analysis and statutory enactments, provides some practice pointers for the trust and estate practitioner.

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