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. |
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Year 2010 xArticle |
Is there a Future for Space Law Beyond "Soft Law"?The Current Status of the Rule of Law with Regard to Space Activities |
Journal | International Institute of Space Law, Issue 4 2010 |
Authors | J. Monserrat Filho and A.F. dos Santos |
Article |
Should there be an Environmental "Code of Conduct" For Activities In Outer Space?The Current Status of the Rule of Law with Regard to Space Activities |
Journal | International Institute of Space Law, Issue 4 2010 |
Authors | P.M. Sterns and L.I. Tennen |
Practice |
Examining the Use of Arbitration and Dealing with Decedent’s Wishes in Wills, Trusts and Estates |
Journal | European Journal of Law Reform, Issue 3-4 2010 |
Keywords | arbitration, wills, trusts, pre-drafting contract, family |
Authors | Tzena Mayersak |
AbstractAuthor's information |
Article |
You Can Lead an Astronaut to Water...: Prospects for Legal Use and Water Rights on the Moon and Other Celestial BodiesNandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session |
Journal | International Institute of Space Law, Issue 1 2010 |
Authors | J. Easterson |
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