Section 18.16 Doctrine of Virtual Representation

• Library: Estate Administration 2014 Supp

b. (§18.16) Doctrine of Virtual Representation

Section 472.300(2), RSMo 2000, provides that, in judicial proceedings involving trusts or estates of decedents, the doctrine of virtual representation may apply to bind certain persons who are not actually made parties to the action. The doctrine of virtual representation will bind those persons in the following cases:

(a) Orders binding the sole holder or all coholders of a power of revocation or a presently exercisable general power of appointment, 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 between them or among persons represented, orders binding a guardian bind the ward; orders binding a conservator bind the protectee; orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will establishing or adding to a trust, to review the acts or accounts of a prior fiduciary and in proceedings involving creditors or...