Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 77 - Trusts
Section 7722 - Representation of parties in interest in general


(a) Judicial proceeding.--In a judicial proceeding involving a trust matter, an order or decree of the court that binds the representative is binding upon a person, class of persons or both represented in accordance with section 7723 (relating to representatives and persons represented) if:
(1) the trustee notifies the representative in writing whom he represents and the representative does not decline the representation as provided in section 7725 (relating to notice of representation);
(2) a petitioner, whether or not a trustee, avers the representation in a petition before the court, the representative is the petitioner or a respondent over whom the court has jurisdiction and, if a respondent, the representative does not decline the representation in a responsive pleading filed and served as required by law; or
(3) the representative has signed a certification of representation described in subsection (d) and has not rescinded the certification on the court's records by the time the court acts upon the petition.
(b) Nonjudicial resolution.--In a nonjudicial resolution of a trust matter, notice to, the consent or approval of or the waiver or release by the representative is binding upon a person, class of persons or both represented in accordance with section 7723 if:
(1) the trustee notifies the representative in writing whom he represents and the representative does not decline the representation as provided in section 7725; or
(2) the representative has signed a certification of representation described in subsection (d) and has not rescinded the certification in a writing received by the trustee by the time of the nonjudicial settlement.
(c) Permissible consideration.--In making decisions, a representative may consider the general benefit accruing to the living members of the family of the person represented.
(d) Certification of representation.--
(1) A certification signed by the representative describing his representation of another person, class of persons or both in accordance with section 7723 may be filed with:
(i) the court, in the case of a judicial proceeding; or
(ii) the trustee, in the case of a nonjudicial resolution of a trust matter.
(2) Subject to paragraph (3), a certification of representation may be rescinded in a writing signed by the representative and filed with:
(i) the court at any time before the court acts in reliance upon the certification, in the case of a judicial proceeding; or
(ii) the trustee before a trust matter is resolved without application to the court.
(3) A representative's rescission of a certification of representation shall have no effect upon actions taken by a trustee in good faith reliance upon the certification.
(July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES

Chapter 77 - Trusts

Extra - Chapter Notes

Section 7701 - Short title of chapter - UTC 101

Section 7702 - Scope of chapter - UTC 102

Section 7703 - Definitions - UTC 103

Section 7704 - Knowledge - UTC 104

Section 7705 - Trust instrument controls; mandatory rules - UTC 105

Section 7706 - Common law of trusts; principles of equity - UTC 106

Section 7707 - Governing law - UTC 107

Section 7708 - Situs of trust

Section 7709 - Methods and waiver of notice - UTC 109

Section 7710 - Notice; others treated as beneficiaries - UTC 110

Section 7710.1 - Nonjudicial settlement agreements - UTC 111

Section 7710.2 - Rules of construction - UTC 112

Section 7711 - Role of court in administration of trust - UTC 201

Section 7712 - Jurisdiction over trustee and beneficiary - UTC 202

Section 7714 - Venue - UTC 204

Section 7721 - Scope; definition of trust matter

Section 7722 - Representation of parties in interest in general

Section 7723 - Representatives and persons represented

Section 7724 - Appointment of representative

Section 7725 - Notice of representation

Section 7726 - Representation ineffective if person objects

Section 7731 - Creation of trust - UTC 401

Section 7732 - Requirements for creation - UTC 402

Section 7733 - Written trusts created in other jurisdictions - UTC 403

Section 7734 - Trust purposes - UTC 404

Section 7735 - Charitable purposes; enforcement - UTC 405

Section 7736 - Creation of trust induced by fraud, duress or undue influence - UTC 406

Section 7737 - Oral trusts unenforceable

Section 7738 - Trust for care of animal - UTC 408

Section 7739 - Noncharitable trust without ascertainable beneficiary - UTC 409

Section 7740 - Termination of trusts; proceedings for termination or modification of trusts - UTC 410

Section 7740.1 - Modification or termination of noncharitable irrevocable trust by consent - UTC 411

Section 7740.2 - Modification or termination of noncharitable irrevocable trust by court - UTC 412

Section 7740.3 - Charitable trusts - UTC 413

Section 7740.4 - Modification or termination of noncharitable trust - UTC 414

Section 7740.5 - Reformation to correct mistakes - UTC 415

Section 7740.6 - Modification to achieve settlor's tax objectives - UTC 416

Section 7740.7 - Division of trusts

Section 7740.8 - Combination of trusts

Section 7741 - Rights of beneficiary's creditor or assignee - UTC 501

Section 7742 - Spendthrift provision - UTC 502

Section 7743 - Exceptions to spendthrift provision - UTC 503

Section 7744 - Discretionary trusts; effect of standard - UTC 504

Section 7745 - Creditor's claim against settlor - UTC 505(a)

Section 7746 - Overdue distribution - UTC 506

Section 7747 - Personal obligations of trustee - UTC 507

Section 7748 - Property subject to power of withdrawal - UTC 505(b)

Section 7751 - Capacity of settlor of revocable trust - UTC 601

Section 7752 - Revocation or amendment of revocable trust - UTC 602

Section 7753 - Trustee's duties; powers of withdrawal - UTC 603

Section 7754 - Actions contesting validity of revocable trust

Section 7755 - Claims and distribution after settlor's death

Section 7761 - Accepting or declining trusteeship - UTC 701

Section 7762 - Trustee's bond - UTC 702

Section 7763 - Cotrustees - UTC 703

Section 7764 - Vacancy in trusteeship; appointment of successor - UTC 704

Section 7765 - Resignation of trustee; filing resignation

Section 7766 - Removal of trustee - UTC 706

Section 7767 - Delivery of property by former trustee - UTC 707

Section 7768 - Compensation of trustee - UTC 708

Section 7769 - Reimbursement of expenses - UTC 709

Section 7770 - Liability of successor trustee

Section 7771 - Duty to administer trust - UTC 801

Section 7772 - Duty of loyalty - UTC 802

Section 7773 - Impartiality - UTC 803

Section 7774 - Prudent administration - UTC 804

Section 7775 - Costs of administration - UTC 805

Section 7776 - Trustee's skills - UTC 806

Section 7777 - Delegation by trustee

Section 7778 - Powers to direct - UTC 808

Section 7779 - Control and protection of trust property - UTC 809

Section 7780 - Recordkeeping and identification of trust property - UTC 810

Section 7780.1 - Enforcement and defense of claims - UTC 811

Section 7780.3 - Duty to inform and report

Section 7780.4 - Discretionary powers

Section 7780.5 - Powers of trustees - UTC 815

Section 7780.6 - Illustrative powers of trustee

Section 7780.7 - Distribution upon termination

Section 7781 - Remedies for breach of trust - UTC 1001

Section 7782 - Damages for breach of trust - UTC 1002

Section 7783 - Damages in absence of breach - UTC 1003

Section 7785 - Limitation of action against trustee

Section 7786 - Reliance on trust instrument - UTC 1006

Section 7787 - Event affecting administration or distribution - UTC 1007

Section 7788 - Exculpation of trustee - UTC 1008

Section 7789 - Beneficiary's consent, release or ratification - UTC 1009

Section 7790 - Limitation on personal liability of trustee - UTC 1010

Section 7790.1 - Interest as general partner - UTC 1011

Section 7790.2 - Protection of person dealing with trustee - UTC 1012

Section 7790.3 - Certification of trust - UTC 1013

Section 7791 - Abandonment of property

Section 7792 - Powers, duties and liabilities identical with personal representatives

Section 7793 - Effect of removal, or of probate of later will or codicil

Section 7794 - Title of purchaser

Section 7795 - Reports for school district trustees

Section 7796 - Jurisdiction

Section 7797 - Filing accounts

Section 7798 - Failure to present claim at audit

Section 7799 - Income on distributive shares

Section 7799.1 - Annexation of account of distributed estate or trust

Section 7799.2 - Accounts, audits and distributions

Section 7799.3 - Pooled trusts for individuals with disabilities