Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-3-22 are included in the annotations for this Code section.

Approval of trust necessary for approval of settlement.

- Trust was a beneficiary affected by a proposed settlement of a probate dispute as the trust was named as a beneficiary of the will; since the trust had not consented to a proposed settlement of the probate dispute, there was no valid settlement among all of the beneficiaries, and the trial court erred in approving the settlement over the trustees' objections. Leone Hall Price Found. v. Baker, 276 Ga. 318, 577 S.E.2d 779 (2003).

Application only when settlement contrary to will.

- By the statute's plain terms, O.C.G.A. § 53-5-25 applies only when a settlement disposes of estate property contrary to the terms of the will. In re Estate of Nesbit, 299 Ga. App. 496, 682 S.E.2d 641 (2009).

Settlement set aside.

- Because the probate court erred in finding that a settlement agreement between heirs to their decedent parent's estate was enforceable, given that a disabled sibling's interests were not represented, and no evidence was presented that a non-disabled sibling assented to or participated in the agreement, the court erred in approving the agreement, warranting a finding that the agreement be set aside. Freeman v. Covington, 282 Ga. App. 113, 637 S.E.2d 815 (2006).

Settlement agreement prerequisite.

- O.C.G.A. § 53-5-25 did not apply when a pro se case filed to invalidate a decedent's will and to terminate a trust and partnership agreement created in conjunction with the will did not involve a settlement agreement or the category of persons protected by the statute. Babb v. Babb, 293 Ga. App. 140, 666 S.E.2d 396 (2008), cert. denied, 2008 Ga. LEXIS 884 (Ga. 2008).

When approval of court not required.

- When all the parties interested in the estate of a testator as heirs or beneficiaries under the will are legally competent to contract, they may settle controversies by agreement and need not seek the approval of a court. Beckworth v. Beckworth, 255 Ga. 241, 336 S.E.2d 782 (1985); Hennessey v. Froehlich, 219 Ga. App. 98, 464 S.E.2d 246 (1995) (decided under former O.C.G.A. § 53-3-22).

Am. Jur. 2d.

- 80 Am. Jur. 2d, Wills, §§ 969, 984 et seq.

C.J.S.

- 95 C.J.S., Wills, §§ 490 et seq., 536, 537.

ALR.

- Compromise or settlement of controversy over will as changing nature of interest or estate under will, 5 A.L.R. 1384.

Conveyance by life tenant and remaindermen in esse as cutting off interest of unborn persons under devise for life with remainder to a class, 25 A.L.R. 770.

Agreement, before death of third person, between his prospective heirs, devisees, or legatees as to their respective shares in the estate, 74 A.L.R. 441.

Failure of decree or order of distribution of decedent's estate to describe specifically the property or property interests involved, or misdescription thereof, 120 A.L.R. 630.

Right of heirs, next of kin, or others who would have benefited by denial of probate of will, to share in the consideration for an agreement to which they were not parties, to withdraw objections to probate, 120 A.L.R. 1495.

Validity and enforceability of agreement to drop or compromise will contest or withdraw objections to probate, or of agreement to induce others to do so, 42 A.L.R.2d 1319.

Right of heir's assignee to contest will, 39 A.L.R.3d 696.