CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 565Introduced by Assembly Member DixonFebruary 12, 2025 An act to repeal and add Section 15804 of the Probate Code, relating to trusts. LEGISLATIVE COUNSEL'S DIGESTAB 565, as introduced, Dixon. Representation of trust beneficiaries. Existing law establishes procedures for the creation, modification, and termination of a trust, and regulates the administration of trusts by trustees on behalf of beneficiaries. Existing law requires a trust beneficiary to be provided notice of specified actions regarding the trust. Existing law sets forth requirements under which notice given to a specified person or class of persons is sufficient to comply with a requirement that notice be given to a trust beneficiary or a person interested in the trust.This bill would delete that indirect notice provision and would instead provide that notice given to a person authorized to represent and bind another person is sufficient to comply with notice requirements for actions regarding a trust. The bill would require a person to provide consent in writing for a person to represent and bind them, and would make consent binding on the represented person unless they object to the representation before consent would have become effective. The bill would prohibit certain persons from representing and binding another person for these purposes, and would authorize specified representative relationships and representation of successive interests.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 15804 of the Probate Code is repealed.15804.(a)Subject to subdivisions (b) and (c), it is sufficient compliance with a requirement in this division that notice be given to a beneficiary, or to a person interested in the trust, if notice is given as follows:(1)Where an interest has been limited on any future contingency to persons who will compose a certain class upon the happening of a certain event without further limitation, notice shall be given to the persons in being who would constitute the class if the event had happened immediately before the commencement of the proceeding or if there is no proceeding, if the event had happened immediately before notice is given.(2)Where an interest has been limited to a living person and the same interest, or a share therein, has been further limited upon the happening of a future event to the surviving spouse or to persons who are or may be the distributees, heirs, issue, or other kindred of the living person, notice shall be given to the living person.(3)Where an interest has been limited upon the happening of any future event to a person, or a class of persons, or both, and the interest, or a share of the interest, has been further limited upon the happening of an additional future event to another person, or a class of persons, or both, notice shall be given to the person or persons in being who would take the interest upon the happening of the first of these events.(b)If a conflict of interest involving the subject matter of the trust proceeding exists between a person to whom notice is required to be given and a person to whom notice is not otherwise required to be given under subdivision (a), notice shall also be given to persons not otherwise entitled to notice under subdivision (a) with respect to whom the conflict of interest exists.(c)Nothing in this section affects any of the following:(1)Requirements for notice to a person who has requested special notice, a person who has filed notice of appearance, or a particular person or entity required by statute to be given notice.(2)Availability of a guardian ad litem pursuant to Section 1003.(d)As used in this section, notice includes other papers.SEC. 2. Section 15804 is added to the Probate Code, to read:15804. (a) Notice to a person who may represent and bind another person pursuant to this section is sufficient to comply with a requirement in this division that notice be given to the represented person, and has the same effect as if notice were given directly to that represented person.(b) A person may serve as a representative and bind another person, except as follows:(1) The representative and the represented person shall not have a conflict of interest during the representation with respect to the particular matter that is the subject of the representation.(2) A settlor shall not represent and bind a beneficiary regarding the termination or modification of an irrevocable trust.(c) (1) A person shall provide consent in writing for another person to represent and bind them.(2) The consent of a person who may represent and bind another person pursuant to this section is binding on the represented person unless the represented person objects to the representation before the consent would have become effective.(3) A fiduciary who acts in reliance upon a representation made pursuant to this section shall not be liable for any resulting loss, unless the fiduciary committed a breach of trust intentionally, with gross negligence, in bad faith, or with reckless indifference to the interests of a beneficiary.(d) An action taken by the court under this division is conclusive and binding upon a person represented pursuant to this section.(e) The following representation is permissible, but the parent or fiduciary shall act in accordance with their duties:(1) A parent may represent and bind the parents minor children and children subsequently born if a guardian or guardian ad litem for the child or children has not been appointed.(2) A conservator of the estate may represent and bind the conservatee.(3) A guardian of the estate may represent and bind the minor ward.(4) A guardian ad litem with authority to act with respect to the matter may represent and bind the ward.(5) An agent with authority to act with respect to the matter may represent and bind the principal.(6) A trustee may represent and bind the beneficiaries of the trust.(7) A personal representative may represent and bind persons interested in the estate.(f) Unless otherwise represented, a minor, an incapacitated person, a person subsequently born, or a person whose identity or location is unknown and not reasonably ascertainable may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute.(g) The following representation of successive interests is permissible:(1) If an interest has been given to persons who comprise a certain class upon the happening of a future event, the living persons who would constitute the class as of the date the representation is to be determined may represent and bind all other members of the class as of that date.(2) If an interest has been given to a living person or to a class of persons, and a substantially identical interest is to pass to another person or class of persons, or both, upon the happening of a future event, the living person or the living members of the class of persons who hold the interest may represent and bind all of the persons and classes of persons who might take on the happening of all future events.(3) If an interest will be given to a living person or to a class of persons upon the happening of a future event and a substantially identical interest would pass to another person or class of persons, or both, upon the happening of one or more future events, the living person or the living members of the class of persons who will hold the interest on the happening of an earlier event may represent and bind all of the persons and classes of persons who might take on the happening of all future events.(h) The holder of a lifetime or testamentary power of appointment may represent and bind persons who are permissible appointees or takers in default of that exercise.(i) This section does not affect either of the following:(1) Requirements for notice in a court proceeding to any of the following:(A) A person who has requested special notice.(B) A person who has filed notice of appearance.(C) A particular person or entity required by statute to be given notice.(2) Availability of a guardian ad litem pursuant to Section 1003.(j) For purposes of this section, notice includes other papers.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 565Introduced by Assembly Member DixonFebruary 12, 2025 An act to repeal and add Section 15804 of the Probate Code, relating to trusts. LEGISLATIVE COUNSEL'S DIGESTAB 565, as introduced, Dixon. Representation of trust beneficiaries. Existing law establishes procedures for the creation, modification, and termination of a trust, and regulates the administration of trusts by trustees on behalf of beneficiaries. Existing law requires a trust beneficiary to be provided notice of specified actions regarding the trust. Existing law sets forth requirements under which notice given to a specified person or class of persons is sufficient to comply with a requirement that notice be given to a trust beneficiary or a person interested in the trust.This bill would delete that indirect notice provision and would instead provide that notice given to a person authorized to represent and bind another person is sufficient to comply with notice requirements for actions regarding a trust. The bill would require a person to provide consent in writing for a person to represent and bind them, and would make consent binding on the represented person unless they object to the representation before consent would have become effective. The bill would prohibit certain persons from representing and binding another person for these purposes, and would authorize specified representative relationships and representation of successive interests.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 565
Introduced by Assembly Member DixonFebruary 12, 2025
Introduced by Assembly Member Dixon
February 12, 2025
An act to repeal and add Section 15804 of the Probate Code, relating to trusts.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 565, as introduced, Dixon. Representation of trust beneficiaries.
Existing law establishes procedures for the creation, modification, and termination of a trust, and regulates the administration of trusts by trustees on behalf of beneficiaries. Existing law requires a trust beneficiary to be provided notice of specified actions regarding the trust. Existing law sets forth requirements under which notice given to a specified person or class of persons is sufficient to comply with a requirement that notice be given to a trust beneficiary or a person interested in the trust.This bill would delete that indirect notice provision and would instead provide that notice given to a person authorized to represent and bind another person is sufficient to comply with notice requirements for actions regarding a trust. The bill would require a person to provide consent in writing for a person to represent and bind them, and would make consent binding on the represented person unless they object to the representation before consent would have become effective. The bill would prohibit certain persons from representing and binding another person for these purposes, and would authorize specified representative relationships and representation of successive interests.
Existing law establishes procedures for the creation, modification, and termination of a trust, and regulates the administration of trusts by trustees on behalf of beneficiaries. Existing law requires a trust beneficiary to be provided notice of specified actions regarding the trust. Existing law sets forth requirements under which notice given to a specified person or class of persons is sufficient to comply with a requirement that notice be given to a trust beneficiary or a person interested in the trust.
This bill would delete that indirect notice provision and would instead provide that notice given to a person authorized to represent and bind another person is sufficient to comply with notice requirements for actions regarding a trust. The bill would require a person to provide consent in writing for a person to represent and bind them, and would make consent binding on the represented person unless they object to the representation before consent would have become effective. The bill would prohibit certain persons from representing and binding another person for these purposes, and would authorize specified representative relationships and representation of successive interests.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 15804 of the Probate Code is repealed.15804.(a)Subject to subdivisions (b) and (c), it is sufficient compliance with a requirement in this division that notice be given to a beneficiary, or to a person interested in the trust, if notice is given as follows:(1)Where an interest has been limited on any future contingency to persons who will compose a certain class upon the happening of a certain event without further limitation, notice shall be given to the persons in being who would constitute the class if the event had happened immediately before the commencement of the proceeding or if there is no proceeding, if the event had happened immediately before notice is given.(2)Where an interest has been limited to a living person and the same interest, or a share therein, has been further limited upon the happening of a future event to the surviving spouse or to persons who are or may be the distributees, heirs, issue, or other kindred of the living person, notice shall be given to the living person.(3)Where an interest has been limited upon the happening of any future event to a person, or a class of persons, or both, and the interest, or a share of the interest, has been further limited upon the happening of an additional future event to another person, or a class of persons, or both, notice shall be given to the person or persons in being who would take the interest upon the happening of the first of these events.(b)If a conflict of interest involving the subject matter of the trust proceeding exists between a person to whom notice is required to be given and a person to whom notice is not otherwise required to be given under subdivision (a), notice shall also be given to persons not otherwise entitled to notice under subdivision (a) with respect to whom the conflict of interest exists.(c)Nothing in this section affects any of the following:(1)Requirements for notice to a person who has requested special notice, a person who has filed notice of appearance, or a particular person or entity required by statute to be given notice.(2)Availability of a guardian ad litem pursuant to Section 1003.(d)As used in this section, notice includes other papers.SEC. 2. Section 15804 is added to the Probate Code, to read:15804. (a) Notice to a person who may represent and bind another person pursuant to this section is sufficient to comply with a requirement in this division that notice be given to the represented person, and has the same effect as if notice were given directly to that represented person.(b) A person may serve as a representative and bind another person, except as follows:(1) The representative and the represented person shall not have a conflict of interest during the representation with respect to the particular matter that is the subject of the representation.(2) A settlor shall not represent and bind a beneficiary regarding the termination or modification of an irrevocable trust.(c) (1) A person shall provide consent in writing for another person to represent and bind them.(2) The consent of a person who may represent and bind another person pursuant to this section is binding on the represented person unless the represented person objects to the representation before the consent would have become effective.(3) A fiduciary who acts in reliance upon a representation made pursuant to this section shall not be liable for any resulting loss, unless the fiduciary committed a breach of trust intentionally, with gross negligence, in bad faith, or with reckless indifference to the interests of a beneficiary.(d) An action taken by the court under this division is conclusive and binding upon a person represented pursuant to this section.(e) The following representation is permissible, but the parent or fiduciary shall act in accordance with their duties:(1) A parent may represent and bind the parents minor children and children subsequently born if a guardian or guardian ad litem for the child or children has not been appointed.(2) A conservator of the estate may represent and bind the conservatee.(3) A guardian of the estate may represent and bind the minor ward.(4) A guardian ad litem with authority to act with respect to the matter may represent and bind the ward.(5) An agent with authority to act with respect to the matter may represent and bind the principal.(6) A trustee may represent and bind the beneficiaries of the trust.(7) A personal representative may represent and bind persons interested in the estate.(f) Unless otherwise represented, a minor, an incapacitated person, a person subsequently born, or a person whose identity or location is unknown and not reasonably ascertainable may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute.(g) The following representation of successive interests is permissible:(1) If an interest has been given to persons who comprise a certain class upon the happening of a future event, the living persons who would constitute the class as of the date the representation is to be determined may represent and bind all other members of the class as of that date.(2) If an interest has been given to a living person or to a class of persons, and a substantially identical interest is to pass to another person or class of persons, or both, upon the happening of a future event, the living person or the living members of the class of persons who hold the interest may represent and bind all of the persons and classes of persons who might take on the happening of all future events.(3) If an interest will be given to a living person or to a class of persons upon the happening of a future event and a substantially identical interest would pass to another person or class of persons, or both, upon the happening of one or more future events, the living person or the living members of the class of persons who will hold the interest on the happening of an earlier event may represent and bind all of the persons and classes of persons who might take on the happening of all future events.(h) The holder of a lifetime or testamentary power of appointment may represent and bind persons who are permissible appointees or takers in default of that exercise.(i) This section does not affect either of the following:(1) Requirements for notice in a court proceeding to any of the following:(A) A person who has requested special notice.(B) A person who has filed notice of appearance.(C) A particular person or entity required by statute to be given notice.(2) Availability of a guardian ad litem pursuant to Section 1003.(j) For purposes of this section, notice includes other papers.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 15804 of the Probate Code is repealed.15804.(a)Subject to subdivisions (b) and (c), it is sufficient compliance with a requirement in this division that notice be given to a beneficiary, or to a person interested in the trust, if notice is given as follows:(1)Where an interest has been limited on any future contingency to persons who will compose a certain class upon the happening of a certain event without further limitation, notice shall be given to the persons in being who would constitute the class if the event had happened immediately before the commencement of the proceeding or if there is no proceeding, if the event had happened immediately before notice is given.(2)Where an interest has been limited to a living person and the same interest, or a share therein, has been further limited upon the happening of a future event to the surviving spouse or to persons who are or may be the distributees, heirs, issue, or other kindred of the living person, notice shall be given to the living person.(3)Where an interest has been limited upon the happening of any future event to a person, or a class of persons, or both, and the interest, or a share of the interest, has been further limited upon the happening of an additional future event to another person, or a class of persons, or both, notice shall be given to the person or persons in being who would take the interest upon the happening of the first of these events.(b)If a conflict of interest involving the subject matter of the trust proceeding exists between a person to whom notice is required to be given and a person to whom notice is not otherwise required to be given under subdivision (a), notice shall also be given to persons not otherwise entitled to notice under subdivision (a) with respect to whom the conflict of interest exists.(c)Nothing in this section affects any of the following:(1)Requirements for notice to a person who has requested special notice, a person who has filed notice of appearance, or a particular person or entity required by statute to be given notice.(2)Availability of a guardian ad litem pursuant to Section 1003.(d)As used in this section, notice includes other papers.
SECTION 1. Section 15804 of the Probate Code is repealed.
### SECTION 1.
15804.(a)Subject to subdivisions (b) and (c), it is sufficient compliance with a requirement in this division that notice be given to a beneficiary, or to a person interested in the trust, if notice is given as follows:(1)Where an interest has been limited on any future contingency to persons who will compose a certain class upon the happening of a certain event without further limitation, notice shall be given to the persons in being who would constitute the class if the event had happened immediately before the commencement of the proceeding or if there is no proceeding, if the event had happened immediately before notice is given.(2)Where an interest has been limited to a living person and the same interest, or a share therein, has been further limited upon the happening of a future event to the surviving spouse or to persons who are or may be the distributees, heirs, issue, or other kindred of the living person, notice shall be given to the living person.(3)Where an interest has been limited upon the happening of any future event to a person, or a class of persons, or both, and the interest, or a share of the interest, has been further limited upon the happening of an additional future event to another person, or a class of persons, or both, notice shall be given to the person or persons in being who would take the interest upon the happening of the first of these events.(b)If a conflict of interest involving the subject matter of the trust proceeding exists between a person to whom notice is required to be given and a person to whom notice is not otherwise required to be given under subdivision (a), notice shall also be given to persons not otherwise entitled to notice under subdivision (a) with respect to whom the conflict of interest exists.(c)Nothing in this section affects any of the following:(1)Requirements for notice to a person who has requested special notice, a person who has filed notice of appearance, or a particular person or entity required by statute to be given notice.(2)Availability of a guardian ad litem pursuant to Section 1003.(d)As used in this section, notice includes other papers.
(a)Subject to subdivisions (b) and (c), it is sufficient compliance with a requirement in this division that notice be given to a beneficiary, or to a person interested in the trust, if notice is given as follows:
(1)Where an interest has been limited on any future contingency to persons who will compose a certain class upon the happening of a certain event without further limitation, notice shall be given to the persons in being who would constitute the class if the event had happened immediately before the commencement of the proceeding or if there is no proceeding, if the event had happened immediately before notice is given.
(2)Where an interest has been limited to a living person and the same interest, or a share therein, has been further limited upon the happening of a future event to the surviving spouse or to persons who are or may be the distributees, heirs, issue, or other kindred of the living person, notice shall be given to the living person.
(3)Where an interest has been limited upon the happening of any future event to a person, or a class of persons, or both, and the interest, or a share of the interest, has been further limited upon the happening of an additional future event to another person, or a class of persons, or both, notice shall be given to the person or persons in being who would take the interest upon the happening of the first of these events.
(b)If a conflict of interest involving the subject matter of the trust proceeding exists between a person to whom notice is required to be given and a person to whom notice is not otherwise required to be given under subdivision (a), notice shall also be given to persons not otherwise entitled to notice under subdivision (a) with respect to whom the conflict of interest exists.
(c)Nothing in this section affects any of the following:
(1)Requirements for notice to a person who has requested special notice, a person who has filed notice of appearance, or a particular person or entity required by statute to be given notice.
(2)Availability of a guardian ad litem pursuant to Section 1003.
(d)As used in this section, notice includes other papers.
SEC. 2. Section 15804 is added to the Probate Code, to read:15804. (a) Notice to a person who may represent and bind another person pursuant to this section is sufficient to comply with a requirement in this division that notice be given to the represented person, and has the same effect as if notice were given directly to that represented person.(b) A person may serve as a representative and bind another person, except as follows:(1) The representative and the represented person shall not have a conflict of interest during the representation with respect to the particular matter that is the subject of the representation.(2) A settlor shall not represent and bind a beneficiary regarding the termination or modification of an irrevocable trust.(c) (1) A person shall provide consent in writing for another person to represent and bind them.(2) The consent of a person who may represent and bind another person pursuant to this section is binding on the represented person unless the represented person objects to the representation before the consent would have become effective.(3) A fiduciary who acts in reliance upon a representation made pursuant to this section shall not be liable for any resulting loss, unless the fiduciary committed a breach of trust intentionally, with gross negligence, in bad faith, or with reckless indifference to the interests of a beneficiary.(d) An action taken by the court under this division is conclusive and binding upon a person represented pursuant to this section.(e) The following representation is permissible, but the parent or fiduciary shall act in accordance with their duties:(1) A parent may represent and bind the parents minor children and children subsequently born if a guardian or guardian ad litem for the child or children has not been appointed.(2) A conservator of the estate may represent and bind the conservatee.(3) A guardian of the estate may represent and bind the minor ward.(4) A guardian ad litem with authority to act with respect to the matter may represent and bind the ward.(5) An agent with authority to act with respect to the matter may represent and bind the principal.(6) A trustee may represent and bind the beneficiaries of the trust.(7) A personal representative may represent and bind persons interested in the estate.(f) Unless otherwise represented, a minor, an incapacitated person, a person subsequently born, or a person whose identity or location is unknown and not reasonably ascertainable may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute.(g) The following representation of successive interests is permissible:(1) If an interest has been given to persons who comprise a certain class upon the happening of a future event, the living persons who would constitute the class as of the date the representation is to be determined may represent and bind all other members of the class as of that date.(2) If an interest has been given to a living person or to a class of persons, and a substantially identical interest is to pass to another person or class of persons, or both, upon the happening of a future event, the living person or the living members of the class of persons who hold the interest may represent and bind all of the persons and classes of persons who might take on the happening of all future events.(3) If an interest will be given to a living person or to a class of persons upon the happening of a future event and a substantially identical interest would pass to another person or class of persons, or both, upon the happening of one or more future events, the living person or the living members of the class of persons who will hold the interest on the happening of an earlier event may represent and bind all of the persons and classes of persons who might take on the happening of all future events.(h) The holder of a lifetime or testamentary power of appointment may represent and bind persons who are permissible appointees or takers in default of that exercise.(i) This section does not affect either of the following:(1) Requirements for notice in a court proceeding to any of the following:(A) A person who has requested special notice.(B) A person who has filed notice of appearance.(C) A particular person or entity required by statute to be given notice.(2) Availability of a guardian ad litem pursuant to Section 1003.(j) For purposes of this section, notice includes other papers.
SEC. 2. Section 15804 is added to the Probate Code, to read:
### SEC. 2.
15804. (a) Notice to a person who may represent and bind another person pursuant to this section is sufficient to comply with a requirement in this division that notice be given to the represented person, and has the same effect as if notice were given directly to that represented person.(b) A person may serve as a representative and bind another person, except as follows:(1) The representative and the represented person shall not have a conflict of interest during the representation with respect to the particular matter that is the subject of the representation.(2) A settlor shall not represent and bind a beneficiary regarding the termination or modification of an irrevocable trust.(c) (1) A person shall provide consent in writing for another person to represent and bind them.(2) The consent of a person who may represent and bind another person pursuant to this section is binding on the represented person unless the represented person objects to the representation before the consent would have become effective.(3) A fiduciary who acts in reliance upon a representation made pursuant to this section shall not be liable for any resulting loss, unless the fiduciary committed a breach of trust intentionally, with gross negligence, in bad faith, or with reckless indifference to the interests of a beneficiary.(d) An action taken by the court under this division is conclusive and binding upon a person represented pursuant to this section.(e) The following representation is permissible, but the parent or fiduciary shall act in accordance with their duties:(1) A parent may represent and bind the parents minor children and children subsequently born if a guardian or guardian ad litem for the child or children has not been appointed.(2) A conservator of the estate may represent and bind the conservatee.(3) A guardian of the estate may represent and bind the minor ward.(4) A guardian ad litem with authority to act with respect to the matter may represent and bind the ward.(5) An agent with authority to act with respect to the matter may represent and bind the principal.(6) A trustee may represent and bind the beneficiaries of the trust.(7) A personal representative may represent and bind persons interested in the estate.(f) Unless otherwise represented, a minor, an incapacitated person, a person subsequently born, or a person whose identity or location is unknown and not reasonably ascertainable may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute.(g) The following representation of successive interests is permissible:(1) If an interest has been given to persons who comprise a certain class upon the happening of a future event, the living persons who would constitute the class as of the date the representation is to be determined may represent and bind all other members of the class as of that date.(2) If an interest has been given to a living person or to a class of persons, and a substantially identical interest is to pass to another person or class of persons, or both, upon the happening of a future event, the living person or the living members of the class of persons who hold the interest may represent and bind all of the persons and classes of persons who might take on the happening of all future events.(3) If an interest will be given to a living person or to a class of persons upon the happening of a future event and a substantially identical interest would pass to another person or class of persons, or both, upon the happening of one or more future events, the living person or the living members of the class of persons who will hold the interest on the happening of an earlier event may represent and bind all of the persons and classes of persons who might take on the happening of all future events.(h) The holder of a lifetime or testamentary power of appointment may represent and bind persons who are permissible appointees or takers in default of that exercise.(i) This section does not affect either of the following:(1) Requirements for notice in a court proceeding to any of the following:(A) A person who has requested special notice.(B) A person who has filed notice of appearance.(C) A particular person or entity required by statute to be given notice.(2) Availability of a guardian ad litem pursuant to Section 1003.(j) For purposes of this section, notice includes other papers.
15804. (a) Notice to a person who may represent and bind another person pursuant to this section is sufficient to comply with a requirement in this division that notice be given to the represented person, and has the same effect as if notice were given directly to that represented person.(b) A person may serve as a representative and bind another person, except as follows:(1) The representative and the represented person shall not have a conflict of interest during the representation with respect to the particular matter that is the subject of the representation.(2) A settlor shall not represent and bind a beneficiary regarding the termination or modification of an irrevocable trust.(c) (1) A person shall provide consent in writing for another person to represent and bind them.(2) The consent of a person who may represent and bind another person pursuant to this section is binding on the represented person unless the represented person objects to the representation before the consent would have become effective.(3) A fiduciary who acts in reliance upon a representation made pursuant to this section shall not be liable for any resulting loss, unless the fiduciary committed a breach of trust intentionally, with gross negligence, in bad faith, or with reckless indifference to the interests of a beneficiary.(d) An action taken by the court under this division is conclusive and binding upon a person represented pursuant to this section.(e) The following representation is permissible, but the parent or fiduciary shall act in accordance with their duties:(1) A parent may represent and bind the parents minor children and children subsequently born if a guardian or guardian ad litem for the child or children has not been appointed.(2) A conservator of the estate may represent and bind the conservatee.(3) A guardian of the estate may represent and bind the minor ward.(4) A guardian ad litem with authority to act with respect to the matter may represent and bind the ward.(5) An agent with authority to act with respect to the matter may represent and bind the principal.(6) A trustee may represent and bind the beneficiaries of the trust.(7) A personal representative may represent and bind persons interested in the estate.(f) Unless otherwise represented, a minor, an incapacitated person, a person subsequently born, or a person whose identity or location is unknown and not reasonably ascertainable may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute.(g) The following representation of successive interests is permissible:(1) If an interest has been given to persons who comprise a certain class upon the happening of a future event, the living persons who would constitute the class as of the date the representation is to be determined may represent and bind all other members of the class as of that date.(2) If an interest has been given to a living person or to a class of persons, and a substantially identical interest is to pass to another person or class of persons, or both, upon the happening of a future event, the living person or the living members of the class of persons who hold the interest may represent and bind all of the persons and classes of persons who might take on the happening of all future events.(3) If an interest will be given to a living person or to a class of persons upon the happening of a future event and a substantially identical interest would pass to another person or class of persons, or both, upon the happening of one or more future events, the living person or the living members of the class of persons who will hold the interest on the happening of an earlier event may represent and bind all of the persons and classes of persons who might take on the happening of all future events.(h) The holder of a lifetime or testamentary power of appointment may represent and bind persons who are permissible appointees or takers in default of that exercise.(i) This section does not affect either of the following:(1) Requirements for notice in a court proceeding to any of the following:(A) A person who has requested special notice.(B) A person who has filed notice of appearance.(C) A particular person or entity required by statute to be given notice.(2) Availability of a guardian ad litem pursuant to Section 1003.(j) For purposes of this section, notice includes other papers.
15804. (a) Notice to a person who may represent and bind another person pursuant to this section is sufficient to comply with a requirement in this division that notice be given to the represented person, and has the same effect as if notice were given directly to that represented person.(b) A person may serve as a representative and bind another person, except as follows:(1) The representative and the represented person shall not have a conflict of interest during the representation with respect to the particular matter that is the subject of the representation.(2) A settlor shall not represent and bind a beneficiary regarding the termination or modification of an irrevocable trust.(c) (1) A person shall provide consent in writing for another person to represent and bind them.(2) The consent of a person who may represent and bind another person pursuant to this section is binding on the represented person unless the represented person objects to the representation before the consent would have become effective.(3) A fiduciary who acts in reliance upon a representation made pursuant to this section shall not be liable for any resulting loss, unless the fiduciary committed a breach of trust intentionally, with gross negligence, in bad faith, or with reckless indifference to the interests of a beneficiary.(d) An action taken by the court under this division is conclusive and binding upon a person represented pursuant to this section.(e) The following representation is permissible, but the parent or fiduciary shall act in accordance with their duties:(1) A parent may represent and bind the parents minor children and children subsequently born if a guardian or guardian ad litem for the child or children has not been appointed.(2) A conservator of the estate may represent and bind the conservatee.(3) A guardian of the estate may represent and bind the minor ward.(4) A guardian ad litem with authority to act with respect to the matter may represent and bind the ward.(5) An agent with authority to act with respect to the matter may represent and bind the principal.(6) A trustee may represent and bind the beneficiaries of the trust.(7) A personal representative may represent and bind persons interested in the estate.(f) Unless otherwise represented, a minor, an incapacitated person, a person subsequently born, or a person whose identity or location is unknown and not reasonably ascertainable may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute.(g) The following representation of successive interests is permissible:(1) If an interest has been given to persons who comprise a certain class upon the happening of a future event, the living persons who would constitute the class as of the date the representation is to be determined may represent and bind all other members of the class as of that date.(2) If an interest has been given to a living person or to a class of persons, and a substantially identical interest is to pass to another person or class of persons, or both, upon the happening of a future event, the living person or the living members of the class of persons who hold the interest may represent and bind all of the persons and classes of persons who might take on the happening of all future events.(3) If an interest will be given to a living person or to a class of persons upon the happening of a future event and a substantially identical interest would pass to another person or class of persons, or both, upon the happening of one or more future events, the living person or the living members of the class of persons who will hold the interest on the happening of an earlier event may represent and bind all of the persons and classes of persons who might take on the happening of all future events.(h) The holder of a lifetime or testamentary power of appointment may represent and bind persons who are permissible appointees or takers in default of that exercise.(i) This section does not affect either of the following:(1) Requirements for notice in a court proceeding to any of the following:(A) A person who has requested special notice.(B) A person who has filed notice of appearance.(C) A particular person or entity required by statute to be given notice.(2) Availability of a guardian ad litem pursuant to Section 1003.(j) For purposes of this section, notice includes other papers.
15804. (a) Notice to a person who may represent and bind another person pursuant to this section is sufficient to comply with a requirement in this division that notice be given to the represented person, and has the same effect as if notice were given directly to that represented person.
(b) A person may serve as a representative and bind another person, except as follows:
(1) The representative and the represented person shall not have a conflict of interest during the representation with respect to the particular matter that is the subject of the representation.
(2) A settlor shall not represent and bind a beneficiary regarding the termination or modification of an irrevocable trust.
(c) (1) A person shall provide consent in writing for another person to represent and bind them.
(2) The consent of a person who may represent and bind another person pursuant to this section is binding on the represented person unless the represented person objects to the representation before the consent would have become effective.
(3) A fiduciary who acts in reliance upon a representation made pursuant to this section shall not be liable for any resulting loss, unless the fiduciary committed a breach of trust intentionally, with gross negligence, in bad faith, or with reckless indifference to the interests of a beneficiary.
(d) An action taken by the court under this division is conclusive and binding upon a person represented pursuant to this section.
(e) The following representation is permissible, but the parent or fiduciary shall act in accordance with their duties:
(1) A parent may represent and bind the parents minor children and children subsequently born if a guardian or guardian ad litem for the child or children has not been appointed.
(2) A conservator of the estate may represent and bind the conservatee.
(3) A guardian of the estate may represent and bind the minor ward.
(4) A guardian ad litem with authority to act with respect to the matter may represent and bind the ward.
(5) An agent with authority to act with respect to the matter may represent and bind the principal.
(6) A trustee may represent and bind the beneficiaries of the trust.
(7) A personal representative may represent and bind persons interested in the estate.
(f) Unless otherwise represented, a minor, an incapacitated person, a person subsequently born, or a person whose identity or location is unknown and not reasonably ascertainable may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute.
(g) The following representation of successive interests is permissible:
(1) If an interest has been given to persons who comprise a certain class upon the happening of a future event, the living persons who would constitute the class as of the date the representation is to be determined may represent and bind all other members of the class as of that date.
(2) If an interest has been given to a living person or to a class of persons, and a substantially identical interest is to pass to another person or class of persons, or both, upon the happening of a future event, the living person or the living members of the class of persons who hold the interest may represent and bind all of the persons and classes of persons who might take on the happening of all future events.
(3) If an interest will be given to a living person or to a class of persons upon the happening of a future event and a substantially identical interest would pass to another person or class of persons, or both, upon the happening of one or more future events, the living person or the living members of the class of persons who will hold the interest on the happening of an earlier event may represent and bind all of the persons and classes of persons who might take on the happening of all future events.
(h) The holder of a lifetime or testamentary power of appointment may represent and bind persons who are permissible appointees or takers in default of that exercise.
(i) This section does not affect either of the following:
(1) Requirements for notice in a court proceeding to any of the following:
(A) A person who has requested special notice.
(B) A person who has filed notice of appearance.
(C) A particular person or entity required by statute to be given notice.
(2) Availability of a guardian ad litem pursuant to Section 1003.
(j) For purposes of this section, notice includes other papers.