Chapter 190

2006 -- H 7597

Enacted 06/

A N A C T

RELATING TO FIDUCIARIES -- PROBATE CONFLICT OF INTEREST

Introduced By: Representatives Jackson, Lewiss, and Scott

Date Introduced: February 16, 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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LC01637

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