The European Succession Regulation and the Arbitration of Trust Disputes

Over the last few decades, U.S. citizens have become increasingly mobile, with significant numbers of individuals living, working and investing abroad. Estate planning has become equally international, generating ever-larger numbers of cross-border succession cases. While these sorts of developments are welcome, they require lawyers to appreciate and anticipate the various ways that the laws of different jurisdictions can interact. One of the most important recent developments in international succession law comes out of the European Union. While the European Succession Regulation may initially appear applicable only to nationals of E.U. Member States, U.S. citizens can also be affected by its provisions. This Article analyzes the interaction between the Regulation and trust arbitration, which has become increasingly popular in various U.S. and foreign jurisdictions. In so doing, the Article discusses how trust arbitration furthers the goals of the Regulation and how individual provisions in the Regulation may support or restrict the possibility of arbitration of trust-related disputes