§ 7722. Representation of parties in interest in general.

447 words·~2 min read·/pa/title-20/chapter-77/7722

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(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(d)and has not rescinded the certification on the court's records by the time the court acts upon the petition.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(d)and has not rescinded the certification in a writing received by the trustee by the time of the nonjudicial settlement.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(2)Subject to paragraph (3), a certification of representation may be rescinded in a writing signed by the representative and filed with: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.

20c7722v

(July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)

20c7723s