Pennsylvania § 7722 Representation of parties in interest in general

Pennsylvania Statutes

§ 7722 — Representation of parties in interest in general

Pennsylvania § 7722

Title 20DECEDENTS, ESTATES AND FIDUCIARIES

Ch. 77TRUSTS

Subch.REPRESENTATION

This text of Pennsylvania § 7722 (Representation of parties in interest in general) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

20 Pa. Cons. Stat. § 7722 (2026).

Text

(a)Judicial proceeding.--In a judicial proceeding involving a trust matter, an order or decree of the court that binds the representative is binding upon a person, class of persons or both represented in accordance with section 7723 (relating to representatives and persons represented) if:

(1)the trustee notifies the representative in writing whom he represents and the representative does not decline the representation as provided in section 7725 (relating to notice of representation);

(2)a petitioner, whether or not a trustee, avers the representation in a petition before the court, the representative is the petitioner or a respondent over whom the court has jurisdiction and, if a respondent, the representative does not decline the representation in a responsive pleading filed and se

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(a) Judicial proceeding.--In a judicial proceeding involving a trust matter, an order or decree of the court that binds the representative is binding upon a person, class of persons or both represented in accordance with section 7723 (relating to representatives and persons represented) if:

(1) the trustee notifies the representative in writing whom he represents and the representative does not decline the representation as provided in section 7725 (relating to notice of representation);

(2) a petitioner, whether or not a trustee, avers the representation in a petition before the court, the representative is the petitioner or a respondent over whom the court has jurisdiction and, if a respondent, the representative does not decline the representation in a responsive pleading filed and served as required by law; or

(3) the representative has signed a certification of representation described in subsection (d) and has not rescinded the certification on the court's records by the time the court acts upon the petition.

(b) Nonjudicial resolution.--In a nonjudicial resolution of a trust matter, notice to, the consent or approval of or the waiver or release by the representative is binding upon a person, class of persons or both represented in accordance with section 7723 if:

(1) the trustee notifies the representative in writing whom he represents and the representative does not decline the representation as provided in section 7725; or

(2) the representative has signed a certification of representation described in subsection (d) and has not rescinded the certification in a writing received by the trustee by the time of the nonjudicial settlement.

(c) Permissible consideration.--In making decisions, a representative may consider the general benefit accruing to the living members of the family of the person represented.

(d) Certification of representation.--

(1) A certification signed by the representative describing his representation of another person, class of persons or both in accordance with section 7723 may be filed with:

(i) the court, in the case of a judicial proceeding; or

(ii) the trustee, in the case of a nonjudicial resolution of a trust matter.

(2) Subject to paragraph (3), a certification of representation may be rescinded in a writing signed by the representative and filed with:

(i) the court at any time before the court acts in reliance upon the certification, in the case of a judicial proceeding; or

(ii) the trustee before a trust matter is resolved without application to the court.

(3) A representative's rescission of a certification of representation shall have no effect upon actions taken by a trustee in good faith reliance upon the certification.