Legal Question in Wills and Trusts in Utah

The courts generally do not look favorably on an agreement not to litigate if there are good grounds to do so. In a probate, if there are grounds to believe that the will should be contested, a judge will probably not enforce such an agreement. However, it can have the effect of discouraging litigation because the Judge may decide that the plaintiff did not have sufficient grounds, and enforce the agreement. Call me if you have further questions.