Section 6.65 Virtual Representation

• Library: Trusts and Powers 2013 Supp

D. (§6.65) Virtual Representation

The doctrine of virtual representation is an equitable doctrine created under the common law and has long been recognized by Missouri courts. See Brown v. Bibb, 201 S.W.2d 370 (Mo. banc 1947). The underlying presumption of the doctrine is that the self-interest of the joined parties will produce a meritorious pursuit of the action, and as a result, the common interests of any nonjoined parties will be protected. See, e.g., Bolin v. Anders, 559 S.W.2d 235 (Mo. App. W.D. 1977).

With respect to trust matters, the doctrine of virtual representation has now been codified, including identification of the persons who can act as virtual representatives and for whom they can act. See §§ 456.3-301–456.3-305, RSMo Supp. 2005. In addition, provisions
of the Missouri Uniform Trust Code (MUTC), §§ 456.1-101–
456.11-1106, RSMo Supp. 2005, provide rules governing notice and waivers of notice that can be utilized in the case of a virtual representative. Section...