James Brown Irrevocable Trust Agreement v. S Below (In re Estate of Brown)

HILL, J.:

*790**140In this estate controversy, we must decide whether some of the beneficiaries (the Probate Code defines them as "successors") under a Will can agree to settle an action they brought to contest the Will and the accompanying Estate plan without the consent of all the beneficiaries. We hold that, under the unique circumstances of this case, they can because the settlement neither binds the non-settling beneficiaries nor changes the Will or the Estate plan.

In 2000, the legendary singer and entertainer James Brown executed a Will that devised his personal property and household…