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2018 New Hampshire Revised Statutes
Title LVI - Probate Courts and Decedents' Estates
Chapter 564-B - New Hampshire Trust Code
Section 564-B:3-303 - Representation by Fiduciaries and Parents.
Universal Citation: NH Rev Stat § 564-B:3-303 (2018)
564-B:3-303 Representation by Fiduciaries and Parents. –
To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:
(1) a conservator may represent and bind the estate that the conservator controls;
(2) a guardian of the estate may represent and bind the estate that the guardian of the estate controls;
(3) a guardian of the person may represent and bind the ward if a guardian of the ward's estate has not been appointed;
(4) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
(5) a trustee may represent and bind the beneficiaries of the trust except as to matters relating to the administration or distribution of the trust;
(6) a personal representative of a decedent's estate may represent and bind persons interested in the estate except as to matters relating to the administration or distribution of the estate; and
(7) a parent may represent and bind (i) the parent's minor, incapacitated or unborn child if neither a guardian of the estate nor guardian of the person for the child has been appointed and (ii) a minor, incapacitated or unborn descendent of such child if neither a guardian of the estate of the descendent nor a guardian of the person of the descendent has been appointed.
To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:
(1) a conservator may represent and bind the estate that the conservator controls;
(2) a guardian of the estate may represent and bind the estate that the guardian of the estate controls;
(3) a guardian of the person may represent and bind the ward if a guardian of the ward's estate has not been appointed;
(4) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
(5) a trustee may represent and bind the beneficiaries of the trust except as to matters relating to the administration or distribution of the trust;
(6) a personal representative of a decedent's estate may represent and bind persons interested in the estate except as to matters relating to the administration or distribution of the estate; and
(7) a parent may represent and bind (i) the parent's minor, incapacitated or unborn child if neither a guardian of the estate nor guardian of the person for the child has been appointed and (ii) a minor, incapacitated or unborn descendent of such child if neither a guardian of the estate of the descendent nor a guardian of the person of the descendent has been appointed.
Source. 2004, 130:1. 2005, 270:7, eff. Sept. 20, 2005. 2008, 374:7, eff. Sept. 9, 2008.
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