Nonsignatory Beneficiary Of A Trust Cannot Be Compelled To Arbitration.

Plaintiff, a nonsignatory beneficiary of a trust which was amended to her detriment shortly before her mother’s death, brought an action for financial elder abuse. The issue is whether an arbitration clause in a trust document can bind a nonsignatory beneficiary. The trial court denied a petition to compel arbitration. Noting that plaintiff beneficiary “has not either expressly or implicitly sought the benefits of a trust instrument containing the disputed arbitration provision,” the appellate court affirmed.  (McArthur v. McArthur (Cal. App. First Dist., Div. 5; March 11, 2014)224 Cal.App.4th 651, [168 Cal.Rptr.3d 785].)