1998 Florida Code
TITLE XLII ESTATES AND TRUSTS
Chapter 731 Probate Code: General Provisions  
PART III NOTICE AND REPRESENTATION (ss. 731.301-731.303)
731.303   Representation.

731.303  Representation.--In proceedings involving estates of decedents or trusts, the following apply:

(1)  Interests to be affected shall be described in pleadings that give information by name or class, by reference to the instrument creating the interests, or in another appropriate manner.

(2)  Persons are bound by orders binding others in the following cases:

(a)  Orders binding the sole holder or all coholders of a power of revocation or a general, special, or limited power of appointment, including one in the form of a power of amendment or revocation to the extent that the power has not become unexercisable in fact, bind all persons to the extent that their interests, as persons who may take by virtue of the exercise or nonexercise of the power, are subject to the power.

(b)  To the extent there is no conflict of interest between them or among the persons represented:

1.  Orders binding a guardian of the property bind the ward whose estate he or she controls.

2.  Orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will, in establishing or adding to a trust, in reviewing the acts or accounts of a prior fiduciary, and in proceedings involving creditors or other third parties.

3.  Orders binding a personal representative bind persons interested in the undistributed assets of a decedent's estate, in actions or proceedings by or against the estate.

(c)  An unborn or unascertained person, or a minor or any other person under a legal disability, who is not otherwise represented is bound by an order to the extent that his or her interest is represented by another party having the same or greater quality of interest in the proceeding.

(3)  Orders binding a guardian of the person shall not bind the ward.

(4)  Notice is required as follows:

(a)  Notice as prescribed by s. 731.301 shall be given to every interested person, or to one who can bind the interested person as described in paragraph (2)(a) or paragraph (2)(b). Notice may be given both to the interested person and to another who can bind him or her.

(b)  Notice is given to unborn or unascertained persons who are not represented pursuant to paragraph (2)(a) or paragraph (2)(b) by giving notice to all known persons whose interests in the proceedings are the same as, or of a greater quality than, those of the unborn or unascertained persons.

(5)  If the court determines that representation of the interest would otherwise be inadequate, the court may, at any time, appoint a guardian ad litem to represent the interests of an incompetent person, an unborn or unascertained person, a minor or any other person otherwise under a legal disability, or a person whose identity or address is unknown. If not precluded by conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.

(6)  Agreements, waivers, consents, approvals, accounts, or other statements that fully disclose the matters which are the subject of such accounts or statements and that bind the sole holder or all coholders of a general, special, or limited power of appointment, including a power of amendment or revocation to the extent that the power has not become unexercisable in fact, bind all persons to the extent that their interests, as persons who may take by virtue of the exercise or nonexercise of the power, are subject to the power.

History.--s. 1, ch. 74-106; s. 7, ch. 75-220; s. 5, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 88-217; s. 3, ch. 92-200; s. 951, ch. 97-102.