§ 304

Representation by person having substantially identical interest. (a) To the extent there is no material conflict of interest between the representative and the represented beneficiary with respect to the particular question or dispute, a beneficiary who is incapacitated, unborn, or unascertainable may, for all purposes, be represented by and bound by another beneficiary having a substantially similar interest with respect to the particular question or dispute. (b) A guardian, agent, or parent who is the representative for a beneficiary under subsection (b), (c), or (d) of Section 303 may, for all purposes, represent and bind any other beneficiary who is incapacitated, unborn, or unascertainable and who has an interest, with respect to the particular question or dispute, that is substantially similar to the interest of the beneficiary represented by the representative, but only to the extent that there is no material conflict of interest between the beneficiary represented by the representative and the other beneficiary with respect to the particular question or dispute.

Legislative History

(Source: P.A. 101-48, eff. 1-1-20 .)