Timothy Gallagher and Paul Shugar authored "An Introduction to Trust Arbitration" in the January/February 2020 Issue of the Probate Law Journal of Ohio.
With the March 22, 2019 enactment of R.C. 5802.05, the Ohio Legislature authorized arbitration as a means to resolve trust disputes. While there was no formal prohibition against arbitrating trust matters previously, Ohio law now endorses these provisions within trusts instruments. Beyond that threshold permission, though, the statute provides no guidance on what makes for good or bad arbitration clauses.
As arbitration is more familiar to attorneys with commercial-litigation backgrounds, this article will examine the history of trust arbitration, introduce arguments for enforcing trust-arbitration clauses, and provide an overview of drafting considerations.
To read the full article, click here.
Reprinted from Probate Law Journal of Ohio available in print and on Westlaw with permission from Thomson Reuters. Copyright © 2020. Further use without permission of Thomson Reuters is prohibited. For further information about this publication, please visit https://store.legal.thomsonreuters.com/law-products/Newsletter/Probate-Law-Journal-of-Ohio/p/100028597, or call 800.328.9352.
As a shareholder of Reminger’s Probate Litigation Department, Paul has statewide experience involving an array of million-dollar estate, trust, and guardianship issues such as undue influence, power of attorney abuse, and ...
Tim focuses his practice on probate litigation. In this capacity, he leverages his jury trial experience to provide representation in probate and trust disputes involving will contests, charges of undue influence, breach of ...
- Know What You Have: Codicil Cannot Amend an Earlier Trust
- Changes to Ohio’s Rules of Civil Procedure Effective July 1, 2020
- Mediation: An Alternative Approach to Estate and Trust Controversies in the Time of Coronavirus
- You Can Count on Reminger During These Uncertain Times
- Ohio’s Response to COVID-19 Impacting Probate/Trust Law and the Courts
- Estate Planning in Light of Coronavirus (COVID-19)
- In re Estate of Shaffer – Does the Voiding Statute Apply to Non-Conforming Wills?
- Adam M. Fried Scheduled to Speak at 2020 The Ohio American College of Trust and Estate Counsel Fellow Meeting
- Timothy Gallagher and Paul Shugar Author Article for January/February 2020 Issue of Probate Law Journal of Ohio
- Attorney Ethics Investigation Uncovers Financial Abuse