55-1-54. Arbitration.
142 words·~1 min read·
/sd/title-55/chapter-55-1/55-1-54A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In addition to the trustee's power to submit to an arbitration claim in favor of or against a trust or trustee as set forth in § 55-1A-25 , a provision in a trust requiring the arbitration of a dispute between or among the beneficiaries, a fiduciary under the will or trust, or any combination of them, is enforceable pursuant to the provisions of chapter 21-25A . Unless otherwise provided in the governing instrument or a court order, the arbitration shall be held in this state.
Notwithstanding the foregoing, a challenge to the validity of all or part of the trust is not subject to arbitration. Any proceeding pursuant to this section is subject, upon request by the acting trustee, the trustor, if living, or any beneficiary, to the privacy protections of § 21-22-28 . The arbitrator shall grant the request, if made.