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A.R.S. § 14-10111

Nonjudicial Settlement Agreements

Verified April 4, 202657th Legislature, 1st Regular Session

Beneficiaries and other interested parties can resolve trust disputes without going to court. A nonjudicial settlement agreement works as long as it does not go against a core purpose of the trust. A judge must also be able to approve its terms.

Title 14, ARIZONA TRUST CODE

azleg.gov

Resolving Trust Disputes Without a Courtroom

Court cases are costly and slow. The law offers a better option: a nonjudicial settlement agreement. People tied to a trust can sit down and work out issues on their own terms.

The agreement must stay within certain limits. But when it does, it can be a powerful tool.

Interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.

A.R.S. § 14-10111(A)

Many matters can be handled this way. For example, the parties can interpret trust language or approve a trustee's accounting. They can also appoint or remove a trustee, set pay, or move the trust's main office.

The Material Purpose Safeguard

There is one key limit. The agreement cannot go against a core purpose of the trust. If the trust creator intended a specific result, the parties cannot simply undo that intent.

A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.

A.R.S. § 14-10111(B)

Any interested person can ask a court to review the agreement later. The court can approve it, but if it declines, the agreement is not automatically void. The parties still have their deal.

For families managing a trust, this tool can save real time and money. Disputes about trustee conduct or trust reading can often be settled at a table. The flexible setup encourages teamwork while keeping the trust's core purpose intact.

This type of agreement is especially helpful when everyone agrees on the result. It gives certainty without the delays and costs of a lawsuit.

14-10111. Nonjudicial settlement agreements; definition A. Except as otherwise provided in subsection B of this section, and except for modification or termination of a trust as otherwise permitted pursuant to the trust instrument, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust. B. A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law. C. Matters that may be resolved by a nonjudicial settlement agreement include: 1. The interpretation or construction of the terms of the trust. 2. The approval of a trustee's report or accounting. 3. Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power. 4. The resignation or appointment of a trustee and the determination of a trustee's compensation. 5. The transfer of a trust's principal place of administration. 6. The liability of a trustee for an action relating to the trust. D. Before or after the parties enter into a nonjudicial settlement agreement, any interested person may request the court to approve a nonjudicial settlement agreement to determine whether the representation as provided in article 3 of this chapter was adequate and to determine whether the agreement contains terms and conditions the court could have properly approved. E. Unless the interested person, pursuant to subsection D of this section, asks the court to rule without regard to this subsection, the court may either approve the agreement or decline to approve the agreement, but may not disapprove or deny the effectiveness of the agreement. If the court does not approve the agreement pursuant to this subsection, the failure to approve is not any prejudice against the effectiveness of the a...

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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