The Vermont Statutes Online

Title 14A: Trusts

Chapter 003: Representation

• § 301. Representation; basic effect

  (a) Notice to a person who may represent and bind another person under this chapter has the same effect as if notice were given directly to the other person.

  (b) The consent of a person who may represent and bind another person under this chapter is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.

  (c) Except as otherwise provided in sections 411 and 602 of this title, a person who under this chapter may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor’s behalf. (Added 2009, No. 20, § 1.)

• § 302. Representation by holder of general testamentary power of appointment

  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 the 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. (Added 2009, No. 20, § 1.)

• § 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:

  (1) a guardian of the property may represent and bind the estate that the guardian controls;

  (2) a guardian of the person may represent and bind the ward if a guardian of the ward’s estate has not been appointed;

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

  (4) a trustee may represent and bind the beneficiaries of the trust;

  (5) a personal representative of a decedent’s estate may represent and bind persons interested in the estate; and

  (6) a parent may represent and bind the parent’s minor or unborn child if a guardian for the child has not been appointed. (Added 2009, No. 20, § 1.)

• § 304. Representation by person having substantially identical interest

  Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, 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 there is no conflict of interest with respect to the particular question between the representative and the person represented. (Added 2009, No. 20, § 1.)

• § 305. Appointment of representative

  (a) If the Probate Division of the Superior Court determines that an interest is not represented under this chapter, or that the otherwise available representation might be inadequate, the Probate Division of the Superior Court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.

  (b) A representative may act on behalf of the individual represented with respect to any matter arising under this title, whether or not a judicial proceeding concerning the trust is pending.

  (c) In making decisions, a representative may consider general benefit accruing to the living members of the individual’s family. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011.)