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Mississippi Code 1972 (2023)
Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25)
Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206)
Article 3 - REPRESENTATION (§§ 91-8-301 — 91-8-305)
Section 91-8-304 - Representation by person having substantially identical interest
Universal Citation:
MS Code § 91-8-304 (2023)
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- (a) Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no material conflict of interest between the representative and the person represented.
- (b) Unless otherwise represented, whenever survivorship of another person is an express or implied condition of receiving property from a trust, the successor contingent remainder beneficiary may be represented and bound by the presumptive remainder beneficiary upon whose death the rights of the successor contingent remainder beneficiary depend, but only to the extent there is no material conflict of interest between the presumptive remainder beneficiary and the successor contingent remainder beneficiary.
Added by Laws, 2014, ch. 421, SB 2727, 21, eff. 7/1/2014.
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