§ 315 — Joinder and representation of persons interested in estates 1

§ 315. Joinder and representation of persons interested in estates\n 1. The provisions of this section shall apply in any proceeding in\nwhich all persons interested in the estate are required to be served\nwith process. For the purposes of this section, the term "an interest in\nthe estate" includes both interests in income and interests in\nprincipal.\n 2. Representation of class interests.\n (a) Where an interest in the estate has been limited as follows, it\nshall not be necessary to serve process on any other person than as\nherein provided:\n (i) In any contingency to the persons who shall compose a certain\nclass upon the happening of a future event, the persons in being who\nwould constitute the class if such event had happened immediately before\nthe commencement of the proceeding.\n (ii) To a person who is a party to the proceeding and the same\ninterest has been further limited upon the happening of a future event\nto a class of persons described in terms of their relationship to such\nparty, the party to the proceeding.\n (iii) To unborn or unascertained persons, none of such persons, but if\nit appears that there is no person in being or ascertained, having the\nsame interest, the court shall appoint a guardian ad litem to represent\nor protect the persons who eventually may become entitled to the\ninterest.\n (b) Where a party to the proceeding has a power of appointment it\nshall not be necessary to serve the potential appointees and if it is a\ngeneral power of appointment it shall not be necessary to serve the\ntakers in default of the exercise thereof.\n 3. Representation of contingent interests.\n Where an interest in the estate has been limited to a person who is a\nparty to the proceeding and the same interest has been further limited\nupon the happening of a future event to any other person it shall not be\nnecessary to serve such other person.\n 4. Representation in probate proceeding. In a proceeding for probate\nof a testamentary instrument the interests of the respective persons\nspecified in subdivisions 2 (a) (ii) and 3 of this section shall be\ndeemed to be the same interest, whether or not their respective\ninterests are in income or in principal or in both, provided that they\nare beneficiaries of the same trust or fund, that they have a common\ninterest in proving or disproving the instrument offered for probate and\nthat the person who is a party under subdivision 2 (a) (ii) or the\nperson to whom the interest has been limited under subdivision 3 would\nnot receive greater financial benefit if such instrument were denied\nprobate (in the case where such beneficiaries have a common interest in\nproving such instrument) or admitted to probate, (in the case where such\nbeneficiaries have a common interest in disproving such instrument).\n 5. Representation of persons under a disability. If the instrument\nexpressly so provides, where a party to the proceeding has the same\ninterest as a person under a disability, it shall not be necessary to\nserve the person under a disability.\n 6. The decree or order entered in any such proceeding shall be binding\nand conclusive on all persons upon whom service of process is not\nrequired.\n 7. In any proceeding in which service of process upon persons\ninterested in the estate may be dispensed with pursuant to the\nprovisions of this section or section twenty-two hundred ten, in\naddition to such other requirements as may be applicable to the petition\nin the particular proceeding, the petition shall (i) set forth in a form\nsatisfactory to the court the information required by subdivision three\nof section three hundred four with respect to the persons interested in\nthe estate upon whom service of process may be dispensed with, the\nnature of the interests of such persons and the basis upon which service\nof process may be dispensed with, and (ii) state whether the fiduciary\nor any other person has discretion to affect the present or future\nbeneficial enjoyment of the estate and, if so, set forth the discretion\npossessed and, if exercised, the manner in which it has been exercised.\nNotwithstanding the foregoing provisions of this section and any\nprovisions of the instrument to the contrary, if the court finds that\nthe representation of a person's interest is or may be inadequate it may\nrequire that he be served. The basis for such finding shall be set forth\nspecifically in the order.\n 8. Nonjudicial settlements of accounts of fiduciaries. Unless the\ninstrument expressly provides otherwise, an instrument settling an\naccount, executed by all the persons upon whom service of process would\nbe required in a proceeding for the judicial settlement of the account,\nshall be binding and conclusive on all persons upon whom service of\nprocess would not be required to the same extent as that instrument\nbinds the persons who executed it.\n