Allport & Mann, ARE CLAIMS CONCERNING A TRUST’S VALIDITY ARBITRABLE? ANOTHER COURT SAYS NO

A recent decision by the Arkansas Court of Appeals signals that courts “may be unwilling to enforce arbitration provisions set forth in testamentary documents where a beneficiary challenges the validity of the document itself.” The 2019 Gibbons v. Anderson decision led to two important precedents:

  1. It drew a distinction between an arbitration agreement set forth in a trust document and one included in a contract.
  2. It held that a beneficiary cannot assent to an arbitration provision where the beneficiary challenges the actual validity of the trust document itself.

Download full article by clicking Allport & Mann, ARE CLAIMS CONCERNING A TRUST’S VALIDITY ARBITRABLE? ANOTHER COURT SAYS NO.

Posted by Jessica Zhang, Associate Editor, Wealth Strategies Journal.

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