A. In judicial proceedings involving trusts governed under this chapter,including proceedings to modify or terminate a trust:
1. Interests to be affected by the proceeding shall be described in pleadingswhich give reasonable information to owners by name or class, by reference tothe instrument creating the interests, or in any other appropriate manner.
2. Orders shall bind persons as follows:
a. An order binding the sole holder or all co-holders of a power ofrevocation or a presently exercisable general power of appointment, includingone in the form of a power of amendment, binds other persons to the extenttheir interests as objects, takers in default or otherwise are subject tosuch power.
b. To the extent there is no conflict of interest between or among them:
i. An order binding a conservator or a guardian of an estate binds the personwhose estate he controls;
ii. An order binding a guardian of the person binds the ward if noconservator or guardian of his estate has been appointed;
iii. An order binding a trustee binds beneficiaries of the trust inproceedings to probate a will establishing or adding to a trust, to reviewthe acts or accounts of a prior fiduciary, and in proceedings involvingcreditors or other third parties;
iv. An order binding a personal representative binds persons interested inthe undistributed assets of a decedent's estate in actions or proceedings byor against the estate; and
v. An order binding a sole holder or all co-holders of a general testamentarypower of appointment binds other persons to the extent their interests asobjects, takers in default, or otherwise are subject to the power.
c. Unless otherwise represented, a minor, an incapacitated, unborn, orunascertained person is bound by an order if his interest is adequatelyrepresented by another party having a substantially identical interest in theproceedings.
3. Notice shall be given:
a. Pursuant to Chapter 8 (§ 8.01-285 et seq.) of Title 8.01 and the Rules ofSupreme Court of Virginia: (i) to every interested party or to a person whocan bind an interested party pursuant to subdivision 2 a or 2 b; and (ii) ifthe proceeding seeks the modification or termination of a charitable trust orthe sale of any of its real estate, to the public at large by order ofpublication published once a week for three consecutive weeks prior to anyhearing or trial in a paper of general circulation in the county or city (a)of the trust's principal place of administration and (b) where any affectedreal estate of the trust is located. This notice provision does not changethe common law rule that members of the public at large are not entitled tobe parties to such judicial proceedings or to have any right to appeartherein. The purpose of the notice, which shall be stated therein, is solelyto make the public aware of the nature of such proceedings, the remedy beingsought therein, and the opportunity to share their views in regard theretowith the Attorney General. The court shall not conduct any hearing or trialuntil it has made a finding that the required notice to the public has beengiven as specified herein.
b. To unborn or unascertained persons who are not represented pursuant tosubdivision 2 a or 2 b by giving notice to all known persons whose interestsin the proceeding are substantially identical to those of the unborn orunascertained persons.
4. Persons under a disability, or unborn or incapacitated persons may berepresented during the course of a judicial proceeding as follows:
a. At any point in a judicial proceeding, a court may appoint a guardian adlitem to represent the interest of a minor, an incapacitated, unborn orunascertained person, or a person whose identity or address is unknown, ifthe court determines that representation of the interest otherwise would beinadequate. The guardian ad litem may be appointed to represent severalpersons or interests to the extent there is no conflict of interest amongthose persons or interests. The reasons for appointing a guardian ad litemshall be stated in the record of the proceedings.
b. A minor or other person under a disability may be represented by anattorney-at-law duly licensed to practice in this Commonwealth who hasentered of record an appearance on his behalf to the extent permitted by §8.01-9.
B. The provisions of this section shall apply notwithstanding the Rules ofSupreme Court of Virginia or any applicable provisions in Title 8.01.
A. In judicial proceedings involving trusts governed under this chapter,including proceedings to modify or terminate a trust:
1. Interests to be affected by the proceeding shall be described in pleadingswhich give reasonable information to owners by name or class, by reference tothe instrument creating the interests, or in any other appropriate manner.
2. Orders shall bind persons as follows:
a. An order binding the sole holder or all co-holders of a power ofrevocation or a presently exercisable general power of appointment, includingone in the form of a power of amendment, binds other persons to the extenttheir interests as objects, takers in default or otherwise are subject tosuch power.
b. To the extent there is no conflict of interest between or among them:
i. An order binding a conservator or a guardian of an estate binds the personwhose estate he controls;
ii. An order binding a guardian of the person binds the ward if noconservator or guardian of his estate has been appointed;
iii. An order binding a trustee binds beneficiaries of the trust inproceedings to probate a will establishing or adding to a trust, to reviewthe acts or accounts of a prior fiduciary, and in proceedings involvingcreditors or other third parties;
iv. An order binding a personal representative binds persons interested inthe undistributed assets of a decedent's estate in actions or proceedings byor against the estate; and
v. An order binding a sole holder or all co-holders of a general testamentarypower of appointment binds other persons to the extent their interests asobjects, takers in default, or otherwise are subject to the power.
c. Unless otherwise represented, a minor, an incapacitated, unborn, orunascertained person is bound by an order if his interest is adequatelyrepresented by another party having a substantially identical interest in theproceedings.
3. Notice shall be given:
a. Pursuant to Chapter 8 (§ 8.01-285 et seq.) of Title 8.01 and the Rules ofSupreme Court of Virginia: (i) to every interested party or to a person whocan bind an interested party pursuant to subdivision 2 a or 2 b; and (ii) ifthe proceeding seeks the modification or termination of a charitable trust orthe sale of any of its real estate, to the public at large by order ofpublication published once a week for three consecutive weeks prior to anyhearing or trial in a paper of general circulation in the county or city (a)of the trust's principal place of administration and (b) where any affectedreal estate of the trust is located. This notice provision does not changethe common law rule that members of the public at large are not entitled tobe parties to such judicial proceedings or to have any right to appeartherein. The purpose of the notice, which shall be stated therein, is solelyto make the public aware of the nature of such proceedings, the remedy beingsought therein, and the opportunity to share their views in regard theretowith the Attorney General. The court shall not conduct any hearing or trialuntil it has made a finding that the required notice to the public has beengiven as specified herein.
b. To unborn or unascertained persons who are not represented pursuant tosubdivision 2 a or 2 b by giving notice to all known persons whose interestsin the proceeding are substantially identical to those of the unborn orunascertained persons.
4. Persons under a disability, or unborn or incapacitated persons may berepresented during the course of a judicial proceeding as follows:
a. At any point in a judicial proceeding, a court may appoint a guardian adlitem to represent the interest of a minor, an incapacitated, unborn orunascertained person, or a person whose identity or address is unknown, ifthe court determines that representation of the interest otherwise would beinadequate. The guardian ad litem may be appointed to represent severalpersons or interests to the extent there is no conflict of interest amongthose persons or interests. The reasons for appointing a guardian ad litemshall be stated in the record of the proceedings.
b. A minor or other person under a disability may be represented by anattorney-at-law duly licensed to practice in this Commonwealth who hasentered of record an appearance on his behalf to the extent permitted by §8.01-9.
B. The provisions of this section shall apply notwithstanding the Rules ofSupreme Court of Virginia or any applicable provisions in Title 8.01.
A. In judicial proceedings involving trusts governed under this chapter,including proceedings to modify or terminate a trust:
1. Interests to be affected by the proceeding shall be described in pleadingswhich give reasonable information to owners by name or class, by reference tothe instrument creating the interests, or in any other appropriate manner.
2. Orders shall bind persons as follows:
a. An order binding the sole holder or all co-holders of a power ofrevocation or a presently exercisable general power of appointment, includingone in the form of a power of amendment, binds other persons to the extenttheir interests as objects, takers in default or otherwise are subject tosuch power.
b. To the extent there is no conflict of interest between or among them:
i. An order binding a conservator or a guardian of an estate binds the personwhose estate he controls;
ii. An order binding a guardian of the person binds the ward if noconservator or guardian of his estate has been appointed;
iii. An order binding a trustee binds beneficiaries of the trust inproceedings to probate a will establishing or adding to a trust, to reviewthe acts or accounts of a prior fiduciary, and in proceedings involvingcreditors or other third parties;
iv. An order binding a personal representative binds persons interested inthe undistributed assets of a decedent's estate in actions or proceedings byor against the estate; and
v. An order binding a sole holder or all co-holders of a general testamentarypower of appointment binds other persons to the extent their interests asobjects, takers in default, or otherwise are subject to the power.
c. Unless otherwise represented, a minor, an incapacitated, unborn, orunascertained person is bound by an order if his interest is adequatelyrepresented by another party having a substantially identical interest in theproceedings.
3. Notice shall be given:
a. Pursuant to Chapter 8 (§ 8.01-285 et seq.) of Title 8.01 and the Rules ofSupreme Court of Virginia: (i) to every interested party or to a person whocan bind an interested party pursuant to subdivision 2 a or 2 b; and (ii) ifthe proceeding seeks the modification or termination of a charitable trust orthe sale of any of its real estate, to the public at large by order ofpublication published once a week for three consecutive weeks prior to anyhearing or trial in a paper of general circulation in the county or city (a)of the trust's principal place of administration and (b) where any affectedreal estate of the trust is located. This notice provision does not changethe common law rule that members of the public at large are not entitled tobe parties to such judicial proceedings or to have any right to appeartherein. The purpose of the notice, which shall be stated therein, is solelyto make the public aware of the nature of such proceedings, the remedy beingsought therein, and the opportunity to share their views in regard theretowith the Attorney General. The court shall not conduct any hearing or trialuntil it has made a finding that the required notice to the public has beengiven as specified herein.
b. To unborn or unascertained persons who are not represented pursuant tosubdivision 2 a or 2 b by giving notice to all known persons whose interestsin the proceeding are substantially identical to those of the unborn orunascertained persons.
4. Persons under a disability, or unborn or incapacitated persons may berepresented during the course of a judicial proceeding as follows:
a. At any point in a judicial proceeding, a court may appoint a guardian adlitem to represent the interest of a minor, an incapacitated, unborn orunascertained person, or a person whose identity or address is unknown, ifthe court determines that representation of the interest otherwise would beinadequate. The guardian ad litem may be appointed to represent severalpersons or interests to the extent there is no conflict of interest amongthose persons or interests. The reasons for appointing a guardian ad litemshall be stated in the record of the proceedings.
b. A minor or other person under a disability may be represented by anattorney-at-law duly licensed to practice in this Commonwealth who hasentered of record an appearance on his behalf to the extent permitted by §8.01-9.
B. The provisions of this section shall apply notwithstanding the Rules ofSupreme Court of Virginia or any applicable provisions in Title 8.01.
