Enforceability Of Alternative Dispute Resolution Clause In Trusts
By: Victoria Tran Sood, elder care and inheritance attorney An alternative dispute resolution clause in a revocable living trust requiring beneficiaries and trustee to resolve disputes over the trust without court litigation (through collaboration, mediation, or arbitration) is generally not enforceable against trust beneficiaries in California. However, like most general rules, there are exceptions. Beneficiaries …