Partner Nancy Delaney and associates Michael Schwartz and Jonathan Byer publish article in Probate & Property on “Rachal v. Reitz and the Evolution of the Enforceability of Arbitration Clauses in Estate Planning Documents”

Partner Nancy E. Delaney, along with associates Michael S. Schwartz and Jonathan Byer, wrote an article, “Rachal v. Reitz and the Evolution of the Enforceability of Arbitration Clauses in Estate Planning Documents,” that was published by Probate & Property magazine in its November/December 2013 issue.

The authors review a recent case from the Supreme Court of Texas, which reverses lower court decisions and upholds an arbitration clause in a trust document. The article goes on to trace the evolution of the use of these clauses in estate planning documents and, based upon case law analysis and statutory enactments, provides some practice pointers for trusts and estates practitioners.

Probate & Property is published by the American Bar Association.