2005 Idaho Code - 15-8-302 — BINDING AGREEMENT

                                  TITLE  15
                             UNIFORM PROBATE CODE
                                  CHAPTER 8
                   TRUST AND ESTATE DISPUTE RESOLUTION ACT
                                   PART 3.
                            NONJUDICIAL RESOLUTION
    15-8-302.  BINDING AGREEMENT. Sections 15-8-301 through 15-8-305, Idaho
Code, shall be applicable to the resolution of any matter, as defined in
section 15-8-103, Idaho Code, other than matters subject to chapter 5, title
15, Idaho Code, or a trust for a minor or other incapacitated person created
at its inception by the judgment or decree of a court unless the judgment or
decree provides that sections 15-8-301 through 15-8-305, Idaho Code, shall be
applicable. If all parties agree to a resolution of any such matter, then the
agreement shall be evidenced by a written agreement signed by all parties.
Subject to the provisions of section 15-8-304, Idaho Code, the written
agreement shall be binding and conclusive on all persons interested in the
estate or trust. The agreement shall identify the subject matter of the
dispute and the parties. If the agreement or a memorandum of the agreement is
to be filed with the court under section 15-8-303, Idaho Code, the agreement
may, but need not, include provisions specifically addressing jurisdiction,
governing law, the waiver of notice of the filing  and the discharge of any
special representative who has acted with respect to the agreement. If a party
who virtually represents another person under section 15-8-205, Idaho Code,
signs the agreement, then the party's signature constitutes the signature of
all persons whom the party virtually represents, and all the virtually
represented persons shall be bound by the agreement.