West Virginia § 44D-3-303 Representation by fiduciaries and parents

West Virginia Statutes

§ 44D-3-303 — Representation by fiduciaries and parents

West Virginia § 44D-3-303

Ch. 44DUNIFORM TRUST CODE

Art. 3REPRESENTATION

This text of West Virginia § 44D-3-303 (Representation by fiduciaries and parents) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 44D-3-303 (2026).

Text

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 conservator or guardian of the protected person may represent and bind the estate that the fiduciary controls;

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

(3)A trustee may represent and bind the beneficiaries of the trust;

(4)A personal representative of a decedent's estate may represent and bind persons interested in the estate;

(5)A parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed; and

(6)If a minor or unborn person is not otherwi

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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 conservator or guardian of the protected person may represent and bind the estate that the fiduciary controls;

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

(3) A trustee may represent and bind the beneficiaries of the trust;

(4) A personal representative of a decedent's estate may represent and bind persons interested in the estate;

(5) A parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed; and

(6) If a minor or unborn person is not otherwise represented under this section, a grandparent or more remote ancestor may represent and bind that minor or unborn person.