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February 15, 1999
Mr. President:
The Revenue and Taxation Committee reports a favorable recommendation on S.B. 55, UNIFORM PROBATE CODE AMENDMENTS, by Senator J. Valentine, with the following amendments and recommends it be considered read for the second time and placed on the Consent Calendar.
1. Page 1, Line 8: At the beginning of line 8 insert:
"CLARIFYING TYPES OF PROCEEDINGS;"
2. Page 1, Line 11: After line 11 insert:
" 75-1-403, as last amended by Chapter 30, Laws of Utah 1992"
3. Page 7, Line 189: After line 189 insert:
"Section 2. Section 75-1-403 is amended to read:
75-1-403. Pleadings -- When parties bound by others -- Notice.
In formal proceedings involving intervivos or testamentary trusts or estates of decedents, minors, protected persons, or incapacitated persons, and in judicially supervised settlements, the following apply:
(1) Interests to be affected shall be described in pleadings which give reasonable information to owners by name or class, by reference to the instrument creating the interests, or in other appropriate manner.
(2) Persons are bound by orders binding others in the following cases:
(a) Orders binding the sole holder or all co-holders of a power of revocation or a presently-exercisable general power of appointment, including one in the form of a power of amendment, bind other persons to the extent their interests (as objects, takers in default, or otherwise) are subject to the power.
(b) To the extent there is no conflict of interest between them or among persons represented, orders binding a conservator bind the person whose estate he controls; orders binding a guardian bind the ward if no conservator of his estate has been appointed; orders binding a trustee bind beneficiaries of the
trust in proceedings to probate a will establishing or adding
to a trust, to review the acts or accounts of a prior fiduciary
and in proceedings involving creditors or other third parties;
and orders binding a personal representative bind persons
interested in the undistributed assets of a decedent's estate in
actions or proceedings by or against the estate. If there is no
conflict of interest and no conservator or guardian has been
appointed, a parent may represent his minor child.
(c)
An unborn or unascertained person who is not otherwise
represented is bound by an order to the extent his interest is
adequately represented by another party having a
substantially identical interest in the proceeding.
(3)
Notice is required as follows:
(a)
Notice as prescribed by Section
75-1-401
shall be given
to every interested person or to one who can bind an
interested person as described in Subsection (2)(a) or (2)(b).
Notice may be given both to a person and to another who
may bind him.
(b)
Notice is given to unborn or unascertained persons, who
are not represented under Subsection (2)(a) or (2)(b), by
giving notice to all known persons whose interests in the
proceedings are substantially identical to those of the unborn
or unascertained persons.
(4)
At any point in a proceeding, a court may appoint a
guardian ad litem to represent the interest of a minor, an
incapacitated, unborn, or unascertained person, or a person
whose identity or address is unknown, if the court
determines that representation of the interest otherwise
would be inadequate. If not precluded by conflict of
interests, a guardian ad litem may be appointed to represent
several persons or interests. The court shall set out its
reasons for appointing a guardian ad litem as a part of the
record of the proceeding."
Renumber remaining sections accordingly
Respectfully,
John L. Valentine
Committee Chair
Voting: 7-0-0
4 SB0055.SC1 bhowe/BRH TPD/RCN 9:19 AM