473.084. Compromise of controversy as to probate, when binding. — A compromise of any controversy as to admission to probate of any instrument offered for probate as the will of a decedent, the construction, validity, or effect of any probated will, the rights or interest in the estate of the decedent of any successor, or the administration of the estate, if approved in a proceeding in the court for that purpose, is binding on all the parties thereto, including those unborn, unascertained, or who could not be located. An approved compromise is binding even though it may affect a trust or an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities who are not parties to it.
Notes of Decisions
Mamoulian v. St. Louis Univ., 732 S.W.2d 512 (Mo. 1987).
· cites it 28× “The quotation in Judge Donnellys’ opinion omits a pertinent part of the court’s order, as follows: the Court hereby approves the terms and provisions of the Settlement Agreement and Release pursuant to Section 473.084, RSMo. . Contrary to Judge Donnelly’s suggestion, there is no…”
Columbia Union Nat'l Bank & Trust Co. v. Bundschu, 641 S.W.2d 864 (Mo. Ct. App. 1982).
· cites it 6× “The heir Bundschu does not expound nor otherwise relate that argument to §§ 473.084 and 473.085 [Laws 1980, effective January 1, 1981], then extant, and enacted to govern such procedures.”
Meyer v. Steele, 920 S.W.2d 600 (Mo. Ct. App. 1996).
· cites it 9× “banc 1987), that the common-law mechanism of the family settlement agreement has been superceded by §§ 473.084 and 473.085, RSMo 1994, 3 for the purpose of distributing an estate in a manner different from that in a decedent’s will.”
Simmermon v. Harris, 601 S.W.2d 691 (Mo. Ct. App. 1980).
“Sections 473.084 and 473.085 were added to the code by this bill and under those sections the court is empowered to make disposition of the estate in accordance with the terms of the agreement between the parties upon approval by the court.”
Kraemer v. Maniscalco, 325 S.W.3d 427 (Mo. Ct. App. 2010).
“Dismissal under this subsection shall not be considered a compromise of the action requiring court approval pursuant to sections 473.084 and 473.085, even though the parties have contractually agreed to an exchange of consideration for such dismissal or consent, and even though…”
Cady v. Hartke, 829 S.W.2d 578 (Mo. Ct. App. 1992).
“ORDER PER CURIAM: Trustee of a purported trust appeals from judgment, entered pursuant to §§ 473.084 and 473.085, RSMo 1986, approving settlement by all beneficiaries of the purported trust and the heirs at law of the settlor.”
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