472.300. Proceedings involving trusts--estates--minors--disabled or incapacitated persons--supervised settlements, procedure. - Missouri Statutes

Proceedings involving trusts--estates--minors--disabled orincapacitated persons--supervised settlements, procedure.

472.300. In judicial proceedings involving trusts or estatesof decedents, minors, disabled and incapacitated persons, and injudicially supervised settlements, the following apply:

(1) Interests to be affected shall be described in pleadingswhich give reasonable information to owners by name or class, byreference to the instrument creating the interest, or in otherappropriate manner;

(2) Persons are bound by orders binding others in thefollowing cases:

(a) Orders binding the sole holder or all coholders of apower of revocation or a presently exercisable general power ofappointment, including one in the form of a power of amendment,bind other persons to the extent their interests, as objects,takers in default, or otherwise, are subject to the power;

(b) To the extent there is no conflict of interest betweenthem or among persons represented, orders binding a guardian bindthe ward; orders binding a conservator bind the protectee; ordersbinding a trustee bind beneficiaries of the trust in proceedingsto probate a will establishing or adding to a trust, to reviewthe acts or accounts of a prior fiduciary and in proceedingsinvolving creditors or other third parties; and orders binding apersonal representative bind persons interested in theundistributed assets of a decedent's estate in actions orproceedings by or against the estate. If there is no conflict ofinterest and no conservator or guardian has been appointed, aparent may represent and bind his minor child;

(c) An unborn or unascertained person who is not otherwiserepresented is bound by an order to the extent his interest isadequately represented by another party having a substantiallyidentical interest in the proceeding;

(3) Notice is required as follows:

(a) Notice as prescribed by section 472.100 shall be givento every interested person, or to one who can bind an interestedperson as described in paragraphs (a) and (b) of subdivision (2)above. Notice may be given both to a person and to another whomay bind him;

(b) Notice is given to unborn or unascertained persons, whoare not represented under paragraph (a) or (b) of subdivision (2)above, by giving notice to all known persons whose interests inthe proceedings are substantially identical to those of theunborn or unascertained persons;

(4) At any point in a proceeding, a court may appoint aguardian ad litem to represent the interest of a minor, anincapacitated, disabled, unborn, or unascertained person, or aperson whose identity or address is unknown, if the courtdetermines that representation of the interest otherwise would beinadequate. If not precluded by conflict of interests, the sameguardian ad litem may be appointed to represent several differentpersons or interests.

(L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)