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Abstract
This article examines the use of arbitration in wills and trusts as a method to honor decedents wishes. It explores the use of contracts drafted prior to the creation of a will or trust – referred to as a pre-drafting contract – as a method to allow for the inclusion of arbitration. The article also briefly discusses the use of in terrorem clauses – also known as disinheritance clauses – in wills and trusts. It suggests that in terrorem clauses can be detrimental and that the issues that can arise as a result of such provisions can be avoided by using pre-drafting contracts. Finally, the article suggests the benefits of using arbitration and pre-drafting contracts can include confidentiality, the ability to save time and money, and the ability to protect family relationships.
European Journal of Law Reform |
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Praktijk | Examining the Use of Arbitration and Dealing with Decedent’s Wishes in Wills, Trusts and Estates |
Keywords | arbitration, wills, trusts, pre-drafting contract, family |
Authors | Tzena Mayersak |
Author's information |
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