Section 18.12 Actions for Declaratory Judgment

• Library: Estate Administration 2014 Supp

A. (§18.12) Actions for Declaratory Judgment

Under Rule 87.02(a) and § 527.020, RSMo 2000, “[a]ny person interested under a . . . will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute . . . [or] contract” may request declaratory judgment with respect to any question of construction or validity arising under the instrument, statute, or contract. Further, Rule 87.02(b) provides:

Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin or cestui qui trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic or insolvent, may have a declaration of rights or legal relations in respect thereto:

. . . .

(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

See also § 527.040, RSMo 2000 (referring to “personal representative” rather than “executor”). Actions for declaratory judgment have been reported that involve both wills and...