ADR Provisions in Utah Wills & Trusts

On April 1, 2013, Governor Herbert signed into law H.B. 332.  The bill expressly authorizes the inclusion of a provision in a will, trust or power of attorney that requires the resolution of disputes outside of court proceedings.  Under the new statute, a will or revocable trust could require that a contest of the will or trust be resolved not by a judge, but instead by binding arbitration.  A will or trust could also require that the parties submit to mediation before a lawsuit is filed.  The new law will appear as section 75-1-312 of the Utah Code.

For more information about Utah probate mediation and Utah trust mediation, go to

Rust Tippett is the author of this blog post.

Copyright 2013 UNLEPI, LLC, a Utah limited liability company.  All Rights Reserved.

This blog post in no way creates an attorney-client relationship between the reader and either Robert S. (Rust) Tippett or Bennett Tueller Johnson & Deere, LLC.  The reader should consult with his or her own estate planning attorney regarding his or her particular circumstances.

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