Tips From the Pros: Representation of Others Under the UTCTips From the Pros: Representation of Others Under the UTC

The representation provisions of the Uniform Trust Code (UTC),¹ contained in Article 3, are among its most consequential and its most complicated in application. They comprise a harmonious statutory framework under which, in a variety of situations involving a trust, certain parties may validly, and with binding effect, represent certain other parties who are unable, actually or as a matter of law, adequately to represent themselves. The rules set forth in Article 3 apply for purposes of settling disputes, whether by a court or nonjudicially, the giving of required notices and the giving of consents to certain actions.²

There’s a tension in trust law between the desirability of obtaining finality regarding trust transactions and disputes ...