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§ 7722. Representation of parties in interest in general

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: January 1, 2017

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries (Refs & Annos)
Chapter 77. Trusts (Refs & Annos)
Subchapter C. Representation (Refs & Annos)
Effective: January 1, 2017
20 Pa.C.S.A. § 7722
§ 7722. Representation of parties in interest in general
Currentness
(a) Judicial proceeding.--In a judicial proceeding involving a trust matter, an order or decree of the court that binds the representative is binding upon a person, class of persons or both represented in accordance with section 7723 (relating to representatives and persons represented) if:
(1) the trustee notifies the representative in writing whom he represents and the representative does not decline the representation as provided in section 7725 (relating to notice of representation);
(2) a petitioner, whether or not a trustee, avers the representation in a petition before the court, the representative is the petitioner or a respondent over whom the court has jurisdiction and, if a respondent, the representative does not decline the representation in a responsive pleading filed and served as required by law; or
(3) the representative has signed a certification of representation described in subsection (d) and has not rescinded the certification on the court's records by the time the court acts upon the petition.
(b) Nonjudicial resolution.--In a nonjudicial resolution of a trust matter, notice to, the consent or approval of or the waiver or release by the representative is binding upon a person, class of persons or both represented in accordance with section 7723 if:
(1) the trustee notifies the representative in writing whom he represents and the representative does not decline the representation as provided in section 7725; or
(2) the representative has signed a certification of representation described in subsection (d) and has not rescinded the certification in a writing received by the trustee by the time of the nonjudicial settlement.
(c) Permissible consideration.--In making decisions, a representative may consider the general benefit accruing to the living members of the family of the person represented.
(d) Certification of representation.--
(1) A certification signed by the representative describing his representation of another person, class of persons or both in accordance with section 7723 may be filed with:
(i) the court, in the case of a judicial proceeding; or
(ii) the trustee, in the case of a nonjudicial resolution of a trust matter.
(2) Subject to paragraph (3), a certification of representation may be rescinded in a writing signed by the representative and filed with:
(i) the court at any time before the court acts in reliance upon the certification, in the case of a judicial proceeding; or
(ii) the trustee before a trust matter is resolved without application to the court.
(3) A representative's rescission of a certification of representation shall have no effect upon actions taken by a trustee in good faith reliance upon the certification.

Credits

2006, July 7, P.L. 625, No. 98, § 9, effective in 120 days [Nov. 6, 2006]. Amended 2016, July 8, P.L. 497, No. 79, § 14, effective Jan. 1, 2017.
20 Pa.C.S.A. § 7722, PA ST 20 Pa.C.S.A. § 7722
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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