§ 13.3.3.3 COMMON FUND DOCTRINE POST-BROWN

• Jurisdiction: Arizona

§ 13.3.3.3 Common Fund Doctrine Post-Brown

Although Brown is cited in some cases where use of the common fund doctrine in contexts other than probate has been considered, there are only two reported Arizona decedent's estate cases that discuss use of the common fund doctrine after Brown. Neither allowed recovery of fees under the common fund doctrine.

In In re Estate of Groves, 163 Ariz. 394, 788 P.2d 127 (App. 1990), a surviving spouse was not named as a beneficiary in decedent's pre-marriage will. She pursued litigation to either invalidate the will or to obtain her statutory share of the estate as an omitted spouse pursuant to A.R.S. § 14-2301. The trial court held that she was an omitted spouse...