Mary L. Miller v. Brenda S. Maples, Et Al.

Following settlor’s death, settlor’s daughters, the beneficiaries of the settlor’s trust, engaged in mediation, which resulted in a settlement agreement concerning the distribution of the trust’s assets. Before the settlement was approved by the trial court under the Tennessee Uniform Trust Act (“TUTA”), one of the daughters died, and her estate was substituted in the lawsuit. The surviving siblings then joined in an amended complaint seeking a determination concerning whether the terms of the settlement agreement violated a material purpose of the trust so as to be unenforceable under the TUTA. The deceased daughter’s estate argued for enforcement of the settlement agreement such that the estate would receive the deceased daughter’s share of the trust. The trial court granted summary judgment in favor of the estate, holding that the settlement was enforceable under the TUTA. The trial court awarded attorney’s fees and costs to the estate under the terms of the settlement. We affirm the trial court’s enforcement of the settlement but reverse its award of attorney’s fees and costs to the estate.