Is a provision in a Will that disputes must be arbitrated valid?

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: 04/07/2025
• State: Florida

Answer:

Under Florida law such a provision that requires arbitration between beneficiaries and / or the personal representative is valid. However, the issue of whether the Will itself is valid is a decision for the Court and does not require arbitration regardless of what the Will provides. In this case you can dispute the validity of the Will in Court. On the issue of the Personal Representative that would be subject to arbitration under the Revised Florida Arbitration Act unless other procedures are specified.

The provision of the Florida Probate Code provides as follows:
 

731.401 Arbitration of disputes.—

(1) A provision in a will or trust requiring the arbitration of disputes, other than disputes of the validity of all or a part of a will or trust, between or among the beneficiaries and a fiduciary under the will or trust, or any combination of such persons or entities, is enforceable.

(2) Unless otherwise specified in the will or trust, a will or trust provision requiring arbitration shall be presumed to require binding arbitration under chapter 682, the Revised Florida Arbitration Code. If an arbitration enforceable under this section is governed under chapter 682, the arbitration provision in the will or trust shall be treated as an agreement for the purposes of applying chapter 682.