Chapter
167
2006 -- S 2349 SUBSTITUTE A
Enacted 06/23/06
A N A C T
RELATING
TO FIDUCIARIES - POWERS OF FIDUCIARIES
Introduced
By: Senator F Caprio
Date
Introduced: February 07, 2006
It is enacted by the General Assembly as
follows:
SECTION 1. Chapter
18-4 of the General Laws entitled "Powers of Fiduciaries" is
hereby amended by adding thereto the following
section:
18-4-30.
Representation by person having substantially identical interest. – In
any
action involving wills, estates, trusts or
fiduciaries in the Probate Court or the Superior Court, a
minor, an incapacitated person or an unborn or
unascertained person whose identity and location
is unknown and not reasonably ascertainable, unless
otherwise represented, may be represented
by and bound by another having a substantially
identical interest with respect to the particular
question or dispute, but only to the extent
that:
(1) the
person's interest is adequately represented; and
(2) there is no
conflict of interest between the representative and the person represented.
SECTION 2. This
act shall take effect upon passage, and shall apply to all actions
involving wills, estates, trusts and fiduciaries
commenced after its effective date.
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LC01056/SUB
A
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