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1. CAN YOU TRUST YOUR TRUST?: ANALYZING THE DECISION AND IMPLICATIONS OF RACHAL V. REITZ ON ARBITRATION PROVISIONS IN TRUST AGREEMENTS.

Author

Tipton, Michael

Subjects
*ARBITRATION clauses (Contracts), *TRUSTS & trustees, *BREACH of fiduciary responsibility lawsuits, *ESTOPPEL, *TRUST documents, *INTENTION (Law), *ACTIONS & defenses (Law)
Abstract

The article discusses the Supreme Court of Texas' ruling in the 2013 case Rachal v. Reitz which deals with the claim that successor trustee and attorney Hal Rachal Jr. breached his fiduciary duty by failing to provide an accounting to the beneficiaries of a trust, and it mentions the impact of the court's judgment on arbitration provisions in trust agreements. The history of American trust law is examined, along with the intent of settlor and a direct benefits estoppel theory in Texas.

Published
2015

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