Section 18.15 In General

• Library: Estate Administration 2014 Supp

a. (§18.15) In General

In general, who must be joined as a party is governed by Rule 52, especially Rule 52.04. Rule 52.04(a) requires joinder of all persons necessary to complete relief, as well as those persons who, if absent, may have their interests impaired or impeded or whose absence may subject the other parties to a risk of multiple liability. Rule 52.04. Although most cases dealing with joinder of parties are not specifically in the area of will or trust construction, other probate cases have applied the general rules regarding joinder. It has, for example, been held that all legatees are necessary parties in an action to contest a will. Lambert v. Crone, 621 S.W.2d 59 (Mo. App. W.D. 1981). But when a will devised each of three brothers a one-third life interest in certain real estate upon certain conditions, the court found that each brother’s rights under the will were separable, and therefore, one brother could maintain an action against the executor objecting to the final settlement without joining the other brothers as “necessary” parties. In re Estate of Schnur, 485 S.W.2d 682, 686–87 (Mo. App. E.D. 1972).

A plaintiff must have the requisite standing to pursue a claim for relief. Switzer v. Hart, 957 S.W.2d 512, 518 (Mo. App. E.D. 1997). In Switzer, the court ruled that a claimant was neither the sole beneficiary nor a residuary beneficiary under a testamentary trust and, therefore, lacked standing to pursue his claim against the trustees of the trust for breach of fiduciary duty. Id. The state has standing to file a petition for discovery of assets against the personal representative of a decedent’s

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