Nowadays, many trust or estate disputes reach a settlement before an actual trial. In most situations, these settlements work well, and the parties go about their lives. However, in some situations, the settlement may fall apart, and a good attorney can reach out to the Dallas Court for assistance in enforcing the settlement agreement. This blog post explains the basics.
Posted: March 23, 2016
What Happens if a Settlement Falls Apart?
It is no secret that litigants faced with the prospect of trial often settle their cases either before or during trial. Most of the time, settlement agreements can get parties through the conflict and moving on with their lives. Unfortunately, however, sometimes even the most well drafted settlement agreements cannot induce a party to stop litigating. For whatever reason – cold feet, disappointment with compromise, and so on – parties sometimes fail to comply with the terms of the settlement agreements they signed. Most of the time, that party’s conduct is said to be a
“breach” of the agreement.
When one party breaches without good cause after the case has concluded, the non-breaching party is forced to take further action in court. Depending on the timing of the breach, the non-breaching party will file either a motion to enforce or a new lawsuit for breach of contract. The purpose of the court action is to ask a court to force the breaching party to do what he or she already agreed to do.
Depending on the facts and the terms of the agreement, it may be possible for the non-breaching party to be awarded attorney’s fees for being forced to go back to court over the breached settlement agreement. Even if parties are forced to go back to court and litigate over the agreement, the underlying dispute is (most of the time) settled and over, leaving very isolated issues regarding the agreement itself up for the court’s consideration.
This blog post explained the basics of what happens if a settlement agreement in a trust or estate dispute falls apart. A good attorney will have the skill to not only reach out to opposing counsel to try to resolve the issue but will also have the ability to reach out to the Dallas Court for assistance. If you or a loved one is facing a trust, estate or probate dispute in the Dallas area as well as are concerned about how to contest a will, our attorneys are happy to conduct a quick phone consultation. Every situation is unique.