RSA 564-B:3-303 · Representation by Fiduciaries and Parents

564-B:3-303 Representation by Fiduciaries and Parents. – 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:

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(1)

a conservator may represent and bind the estate that the conservator controls;

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(2)

a guardian of the estate may represent and bind the estate that the guardian of the estate controls;

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(3)

a guardian of the person may represent and bind the ward if a guardian of the ward's estate has not been appointed;

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(4)

an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;

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(5)

a trustee may represent and bind the beneficiaries of the trust except as to matters relating to the administration or distribution of the trust;

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(6)

a personal representative of a decedent's estate may represent and bind persons interested in the estate except as to matters relating to the administration or distribution of the estate;

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(7)

a parent may represent and bind (i) the parent's minor, incapacitated or unborn child if neither a guardian of the estate nor guardian of the person for the child has been appointed and (ii) a minor, incapacitated or unborn descendent of such child if neither a guardian of the estate of the descendent nor a guardian of the person of the descendent has been appointed; and

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(8)

a representative who is expressly appointed under the terms of the governing trust instrument, either directly or by appointment of one or more persons who are expressly authorized under the terms of the trust instrument to do so, may represent and bind one or more beneficiaries of the trust as to any matter involving the trust. A representative appointed pursuant to this paragraph shall be presumed to be a fiduciary and, unless otherwise provided under the terms of the trust, must deliver to the trustee a written acceptance of appointment as representative. A representative may not be appointed pursuant to this paragraph to represent the interests of a charitable beneficiary subject to the authority of the director of charitable trusts, as provided in statute and common law. Source. 2004, 130:1. 2005, 270:7, eff. Sept. 20, 2005. 2008, 374:7, eff. Sept. 9, 2008. 2021, 103:1, eff. Aug. 30, 2021.

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