Approval of Nonjudicial Settlement Agreement Denied

Judge Herron of the Philadelphia Orphans’ Court has denied approval of a nonjudicial settlement agreement, stating that:

“The intent of this section [7710.1] is to give all beneficiaries and trustees flexibility in the administration of certain trust matters. Seeking court approval of such a nonjudicial agreement would encumber this option. Because there is no need to extend court approval to the proposed nonjudicial settlement agreement, this court declines to do so.”

The failure of the parties to attach a copy of the agreement to their petition also contributed to the judge’s decision.

However, the judge approved the resignation of the trustee and the appointment of a new trustee under 20 Pa.C.S.A. § 7765(a) and 7764(c).

Testamentary Trust of John B. Conti, Deceased, O.C. No. 464 ST of 1982 (Phila. O.C. 9/22/2014)

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