S.B. 246 Enrolled

UTAH UNIFORM PROBATE CODE - NOTICE,
PARTIES, REPRESENTATION AMENDMENTS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Lyle W. Hillyard
AN ACT RELATING TO THE UNIFORM PROBATE CODE; ADOPTING LANGUAGE
FROM THE PROPOSED UNIFORM TRUST ACT CLARIFYING NOTICE, CONSENT, AND
REPRESENTATION REQUIREMENTS FOR INTER VIVOS AND TESTAMENTARY
TRUSTS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
75-1-403, as last amended by Chapter 142, Laws of Utah 1999
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 75-1-403 is amended to read:
75-1-403. Pleadings -- When parties bound by others -- Notice.
In formal proceedings involving inter vivos or testamentary trusts [or], including
proceedings to modify or terminate a trust, 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
any 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)] To the extent there is no conflict of interest between the holder of a general
testamentary power of appointment and the persons represented with respect to a particular
question or dispute, the holder may represent and bind persons whose interests, as permissible
appointees, 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] the representative and the person represented with respect to a
particular question or dispute:
(i) a conservator may represent and bind the person whose estate he controls; [orders
binding]
(ii) a guardian may represent and 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] the ward's
estate has been appointed;
(iii) an agent having authority to do so may represent and bind the principal;
(iv) a trustee may represent and bind the beneficiaries of the trust;
(v) a personal representative of a decedent's estate may represent and 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] estate; and
(vi) if no conservator or guardian has been appointed, a parent may represent [his minor] and
bind the parent's minor or unborn 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] Unless otherwise
represented, a minor, incapacitated or unborn person, or a person whose identity or location is
unknown and not reasonably ascertainable, may be represented and bound by another person having
a substantially identical interest [in the proceeding] with respect to the particular question or dispute,
but only to the extent there is no conflict of interest between the representative and the person
represented.
(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.

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[(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.]
(b) Whenever notice to a person is required or permitted under this chapter, notice to another
person who may represent and bind the person represented under this section constitutes notice to
the person represented.
(4) [At any point in a proceeding, a] Even if there is representation under this section, if the
court determines that representation of the interest might otherwise be inadequate, the court may
appoint a guardian ad litem to represent the interest of [a minor, an], and approve an agreement on
behalf of, a minor, incapacitated[,] or 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] location is unknown.
(5) If not precluded by conflict of [interests] interest, 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] In approving an agreement, a guardian ad litem
may consider general family benefit accruing to the living members of the family of the person
represented.
(6) Whenever consent may be given by a person pursuant to this chapter, the consent of a
person who may represent and bind the person represented under this section is the consent of, and
is binding on, the person represented unless the person represented objects to the representation
before the consent would otherwise become effective.


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