When is a clause in a document which requires arbitration enforceable ? Sometimes, people use powers of attorney in Palm Beach or Ft. Lauderdale to act for another when someone can’t. Likewise, after one has passed, the estate of the deceased Palm Beach resident may need to file a lawsuit on behalf of the estate, which is filed in the name of the Palm Beach personal representative. A contract which requires arbitration, and not appearing in a Palm Beach court, may be set aside or declared void if it’s against publicy policy. This may be true for Florida wills & trusts which require arbitration. An April 2, 2014 Ft. Lauderdale case went to the appeals court for Broward County (and Palm Beach County) and the arbitration clause was held un-enforceable. If you are an attorney in fact (a power of attorhey holder) or the personal representative of a Broward County or Palm Beach estate, you may want to read this case about arbitration clauses and when they may be set aside by a court. This is a hot topic & current trend in Palm Beach probates and wills and trusts: the Florida Probate Code and the Florida Trust Code has new laws on arbitration for estates & trusts.
What is Arbitration in Palm Beach or Ft. Lauderdale?
- Arbitration is often referred to as “private judging”
- Instead of going to a courthouse in Ft. Lauderdale or Palm Beach, you have a private, non public arbitrator decide your case
Is Arbitration Better than a Court?
- There are may pro’s and con’s to arbitration
- It may be faster than some courts (but probably not as fast as a Palm Beach probate court which seems to be able to set probate trials within weeks or a few months)
- By going to arbitration, some believe that you may be giving up certain legal procedures, rules and safeguards
- You have to pay the arbitrator
Arbitration in Palm Beach Probates and Wills, Estates & Trusts
- The Florida Probate Code has a specific statute on arbitration in wills or trusts, Section 731.401 of Florida Statutes. Here is the free link if you want to read this Florida arbitration law: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0731/Sections/0731.401.html
- Right now, arbitration is a hot topic for Broward County estates and trusts
Q: can someone’s will or trust require you to go to arbitration instead of court if you have a trust dispute or an estate lawsuit ?
A: yes ( but read the case………….)
Here is the link if you want to read , for free, this recent 4th District Court of Appeal case. It involves a contract & a Broward Power of Attorney involved in a Ft. Lauderdale lawsuit. The appeals court sits in West Palm Beach, Florida and hears appeals for civil litigation (like this recent case), probates and guardianships for Palm Beach, Martin and Broward Counties. http://4dca.org/opinions/April%202014/04-02-14/4D12-2361.op.pdf