§ 4-10-303 — Representation by fiduciaries and parents

Wyoming § 4-10-303

• Jurisdiction: Wyoming
• Title 04: Fiduciaries
• Ch. 10: UNIFORM TRUST CODE
• Art. 3: REPRESENTATION

Text

(a) 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:
(i) A conservator may represent and bind the estate
that the conservator controls;
(ii) A guardian may represent and bind the ward if a
conservator of the ward's estate has not been appointed;
(iii) An agent having authority to act with respect
to the particular question or dispute may represent and bind the
principal;
(iv) A trustee may represent and bind the
beneficiaries of the trust;
(v) A personal representative of a decedent's estate
may represent and bind persons interested in the estate;
(vi) A parent with primary legal custody may
represent and bind each of the parent's minor or incapacitated
children if no legal representative has been appointed by a
court for that child, unborn children of that parent, the unborn
descendants of each child, and each minor or incapacitated
descendant of each child if no legal representative has been
appointed by a court for that descendant, to the extent there is
no conflict of interest between the parent and the person or
class of persons represented with respect to a particular
question or dispute; and
(vii) A beneficiary who is not a qualified
beneficiary shall be represented and bound by the decisions,
actions and omissions of the qualified beneficiary through whom,
or by reason of whose death or exercise of a power of
appointment, the beneficiary will receive his interest, if any,
in the trust, including without limitations for the purposes of
W.S. 4-10-802, 4-10-813, 4-10-1005 and 4-10-1009.
(b) A trustee may rely on a certificate of the fiduciary
described in paragraphs (a)(i) through (v) of this section with
regard to whether or not any such conflict of interest exists.