Can You Arbitrate a Last Will & Testament? No!
The New Jersey Courts held that arbitration clauses in Last Will & Testaments are not enforceable. Even if a Will has a very clear and specific arbitration clause as to any dispute regarding the interpretation and or administration of the Will, same has no legal effect in New Jersey and the arbitration clause is not enforceable. The Court reasoned that in order to determine whether an arbitration agreement is valid, New Jersey Courts must first apply “state contract-law” principles. Here the Court concluded a Will is simply not a contract. Thus, the Court has set forth that arbitration clauses in a Will are not enforceable under any circumstances.
Should you wish to review, revise and or prepare estate plan documents to include a last will and testament, along with power of attorney, healthcare directive and or a living will, please reach out to us by calling 856-428-5577 or [email protected]w.com. We look forward to working with you.