Comparison of Uniform Trust Code, DC Trust Code, Maryland Trust Act, and Virginia Trust Code, with Annotations
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UTC §304 permits representation of a minor, incapacitated, or unborn person, or of a person whose location is unknown and cannot reasonably be ascertained, by another person (or “representative” in Maryland) who has a substantially identical interest with respect to a question or dispute, absent a conflict of interest. MTA 14.5-304 (which became effective on October 1, 2016), DC §19-1303.04, and VA §64.2-717 provide that the “conflict of interest” precludes representation only if the conflict relates to the particular question or dispute. In other words, if the representative and the represented person have a conflict of interest that is unrelated to the particular question or dispute at hand, then representation is permitted notwithstanding the unrelated conflict of interest.
UTC §304 permits representation of a minor, incapacitated, or unborn person, or of a person whose location is unknown and cannot reasonably be ascertained, by another person (or “representative” in Maryland) who has a substantially identical interest with respect to a question or dispute, absent a conflict of interest. MTA 14.5-304 (which became effective on October 1, 2016), DC §19-1303.04, and VA §64.2-717 provide that the “conflict of interest” precludes representation only if the conflict relates to the particular question or dispute. In other words, if the representative and the represented person have a conflict of interest that is unrelated to the particular question or dispute at hand, then representation is permitted notwithstanding the unrelated conflict of interest.
UTC §304 permits representation of a minor, incapacitated, or unborn person, or of a person whose location is unknown and cannot reasonably be ascertained, by another person (or “representative” in Maryland) who has a substantially identical interest with respect to a question or dispute, absent a conflict of interest. MTA 14.5-304 (which became effective on October 1, 2016), DC §19-1303.04, and VA §64.2-717 provide that the “conflict of interest” precludes representation only if the conflict relates to the particular question or dispute. In other words, if the representative and the represented person have a conflict of interest that is unrelated to the particular question or dispute at hand, then representation is permitted notwithstanding the unrelated conflict of interest.
UTC §304 permits representation of a minor, incapacitated, or unborn person, or of a person whose location is unknown and cannot reasonably be ascertained, by another person (or “representative” in Maryland) who has a substantially identical interest with respect to a question or dispute, absent a conflict of interest. MTA 14.5-304 (which became effective on October 1, 2016), DC §19-1303.04, and VA §64.2-717 provide that the “conflict of interest” precludes representation only if the conflict relates to the particular question or dispute. In other words, if the representative and the represented person have a conflict of interest that is unrelated to the particular question or dispute at hand, then representation is permitted notwithstanding the unrelated conflict of interest.
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 conflict of interest between the representative and the person represented.
DC
§ 19-1303.04. Representation by person having substantially identical interest.
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 conflict of interest between the representative and the person represented with respect to the particular question or dispute.
MD
§ 14.5–304. Representation by person having substantially identical interest.
Unless otherwise represented, a minor, an incapacitated or unborn individual, or an individual whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by a representative having a substantially identical interest with respect to a particular question or dispute, but only to the extent that there is no conflict of interest between the representative and the individual represented with respect to the question or dispute.
VA
§ 64.2-717. Representation by person having substantially identical interest
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 conflict of interest with respect to the particular question or dispute between the representative and the person represented.
