§ 55-18-5 — Notice, service of process, and consent not required of certain persons.

Neither notice nor service of process on, nor consent to, any matter in any proceeding is required from: (1) An unborn individual; (2) An unascertained person; (3) The potential appointee of a power of appointment; (4) The potential taker in default of a general power of appointment; (5) An uninterested beneficiary; and (6) A person bound by a representative. Notwithstanding subdivisions (1) and (2), if no interested beneficiary, or representative thereof, would otherwise receive notice or provide consent with respect to the matter in question, a representative of an unborn or unascertained person shall act pursuant to § 55-18-9 . Notwithstanding subdivision (5), with respect to the matter in question, notice is required to, or consent is required from, an uninterested beneficiary who does not have a substantially identical interest with one or more interested beneficiaries.

Legislative History

SL 2017, ch 208, § 5; SL 2018, ch 275, § 32.