Full question:
I have never heard of a Will that required any disputes between beneficiaries and/or the personal representative of an estate must be arbitrated. My Mother is heir under the Will of he Father and my Grandfather. She has four Brothers. When the Will was read it contained a provision that required any dispute to be arbitrated. My Mother believes the Will is invalid for technical reasons and also believes the Sister appointed as the Personal Representative of the Estate should not be removed because she misused money under a Power of Attorney after she was appointed by my Grandfather. Please help. He lived in Florida.
- Category: Wills and Estates
- Subcategory: Arbitration
- Date:
- State: Florida
Answer:
In Florida, a will can include a provision that requires arbitration for disputes between beneficiaries and the personal representative. However, the validity of the will itself is a matter for the court and does not need to be arbitrated, regardless of what the will states. You can challenge the will's validity in court.
As for the personal representative, disputes regarding their actions may be subject to arbitration under the Revised Florida Arbitration Act, unless the will specifies otherwise. According to Florida law, a provision in a will or trust that mandates arbitration for disputes among beneficiaries and a fiduciary is enforceable (Fla. Stat. § 731.401).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.