Both Sides Were Represented By Counsel In The Negotiating and Signing of The Agreement.
The Fifth District in Kirkland v. Beeck, Case No. F090251 (5th Dist. Aug. 26, 2026; posted Aug. 27, 2026) (unpublished), was a case involving dueling probate petitions by a trustee/beneficiary and a cousin beneficiary under a trust, with cousin prevailing and being awarded substantial damages against trustee and her trust attorney. Cousin also won attorney’s fees against trustee based on a handwritten settlement agreement entered into after the first day of trial by the parties, with the agreement containing a broad prevailing party fees clause applicable to “any action arising from trust administration.” After this was signed, cousin lost a motion to enforce the settlement agreement through a summary procedure. Trustee appealed, principally argued that the enforcement motion loss means no contractual fees could be awarded because there was no fee entitlement under the Probate Code or under equitable theories. The Fifth District affirmed. It found that the settlement agreement, even though handwritten, was entered into with the advice of counsel on both sides, having a broad fees clause which applied to the ultimate victory by cousin even though the enforcement motion was denied. The fee clause extended to the other successful efforts.