Mandatory arbitration clauses in wills and trusts can be an efficient means of preserving family wealth and minimizing the intensity and duration of family conflict. But, until this year, the prevailing wisdom held that, under most states’ laws, an arbitration clause in a will or a trust was unenforceable. Courts and commentators concluded that an arbitration clause is only enforceable if within a contract, and because wills and trusts aren’t contracts, an arbitration ...

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