Representation by fiduciaries and parents

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To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:

(1) A conservator may represent and bind the estate that the conservator controls;

(2) A guardian may represent and bind the ward if a conservator of the ward’s estate has not been appointed;

(3) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;

(4) A trustee may represent and bind the beneficiaries of the trust;

(5) A personal representative of a decedent’s estate may represent and bind persons interested in the estate;

(6) A parent may represent and bind the parent’s minor or unborn child if a conservator or guardian for the child has not been appointed;

(7) An individual may represent a grandchild or a more remote descendent, whether born or unborn, whom a parent may not represent and bind under paragraph (6) of this subsection; and

(8) A qualified beneficiary may represent and bind any beneficiary who may succeed to the qualified beneficiary’s interest under the terms of the trust or pursuant to the exercise of a power of appointment.

(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)

Editor's Notes

Uniform Law: This section is based upon § 303 of the Uniform Trust Code.


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