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Home / Opinion Digests / Family Law / Trust controversy not subject to arbitration (access required)

Trust controversy not subject to arbitration (access required)

An arbitration clause in a revocable trust agreement cannot be enforced because the trust is best understood as a donative instrument rather than a written contract. Further, the present controversy did not exist when the trust was executed. Finally, plaintiff does not seek an interpretation or enforcement of the trust agreement. Overview Plaintiff Kelly is the nephew ...