New Jersey Appellate Division Draws a Line: A Will Cannot Force Heirs Into Arbitration

Can a person use a will to force family members and beneficiaries to arbitrate estate disputes instead of going to court?

In In re Estate of Samuel P. Hekemian, the New Jersey Appellate Division answered that question directly in a decision published on April 21, 2026: no.

The case involved the estate of Samuel P. Hekemian, whose will contained a broad arbitration clause. The clause attempted to make arbitration the exclusive forum for disputes over the will, the trusts created under it, and the fiduciaries’ administration of the estate. When disputes arose over the executors’ accounting, the executors sought to compel arbitration.

The Appellate Division refused.

The court’s reasoning was straightforward and important. Arbitration is based on agreement. A will is not a contract. It is a unilateral document. Beneficiaries and interested parties do not sign it, negotiate it, or knowingly waive their right to proceed in court merely because the testator placed an arbitration clause in the instrument.

That mattered here. The court held that the arbitration provision failed for lack of mutual assent. It did not bind the decedent’s widow, his son, or other interested parties. Even more broadly, the court held that arbitration clauses in testamentary instruments are inconsistent with New Jersey’s probate framework, which gives the Superior Court authority over wills, trusts, estates, fiduciary accountings, and related disputes.

The decision is significant because it resolves a first-impression issue in New Jersey. Testators may express a preference for private dispute resolution. But they cannot, by will alone, strip beneficiaries of their right to judicial review or remove the courts from their statutory role in supervising estates.

For estate planners, the lesson is clear: an arbitration clause in a will is not a substitute for an enforceable agreement. For fiduciaries, the message is equally clear: estate administration disputes, especially accountings and objections, remain subject to court oversight.

In probate litigation, forum matters. After Hekemian, New Jersey has made clear that the courthouse remains open.