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

Probate & Property Magazine: Volume 27 No. 06

By

Nancy E. Delaney is a partner and Jonathan Byer and Michael S. Schwartz are associates in the New York office of Curtis, Mallet-Prevost, Colt & Mosle LLP.

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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