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.
Rust Tippett is the author of this blog post.
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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.