§560:1-403  Pleadings; when parties
bound by others; notice.  In formal proceedings involving trusts or estates
of decedents, minors, protected persons, or incapacitated persons, and in
judicially supervised settlements, the following apply:



(1)  Interests to be affected shall be described in
pleadings which give reasonable information to owners by name or class, by
reference to the instrument creating the interests, or in other appropriate
manner;



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



(A)  Orders binding the sole holder or all
co-holders of a power of revocation or a presently exercisable general power of
appointment, including one in the form of a power of amendment, bind other
persons to the extent their interests (as objects, takers in default, or
otherwise) are subject to the power;



(B)  To the extent there is no conflict of
interest between them or among persons represented, orders binding a
conservator bind the person whose estate the conservator controls; orders binding
a guardian bind the ward if no conservator of the ward's estate has been
appointed; orders binding a trustee bind beneficiaries of the trust in
proceedings to probate a will establishing or adding to a trust, to review the
acts or accounts of a prior fiduciary and in proceedings involving creditors or
other third parties; and 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.  If there is no conflict of interest and
no conservator or guardian has been appointed, a parent may represent the
parent's minor child; and



(C)  An unborn or unascertained person who is
not otherwise represented is bound by an order to the extent the person's interest
is adequately represented by another party having a substantially identical
interest in the proceeding;



(3)  Notice is required as follows:



(A)  Notice as prescribed by section 560:1-401
shall be given to every interested person or to one who can bind an interested
person as described in paragraph (2)(A) or (2)(B).  Notice may be given both to
a person and to another who may bind the person;



(B)  Notice is given to unborn or unascertained
persons, who are not represented under paragraph (2)(A) or (2)(B), by giving
notice to all known persons whose interests in the proceedings are
substantially identical to those of the unborn or unascertained persons;



(4)  At any point in a proceeding, a court may appoint
a guardian ad litem to represent the interest of a minor, an incapacitated,
unborn, or unascertained person, or a person whose identity or address is
unknown, if the court determines that representation of the interest otherwise
would be inadequate.  If not precluded by conflict of interests, a guardian ad
litem may be appointed to represent several persons or interests.  The court
shall set out its reasons for appointing a guardian ad litem as a part of the
record of the proceeding. [L 1996, c 288, pt of §1]



 



Rules of Court



 



  Pleadings, see Hawaii Probate Rules, part A(II); HPR rules
17, 50.



  Guardian ad litem, see HPR rule 28.