30.1-03-03. (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 must be described in pleadings that give reasonable
information to owners by name or class, by reference to the instrument creating the
interests or in another appropriate manner.
2. A person is bound by an order binding another in the following cases:
a. An order binding the sole holder or all coholders of a power of revocation or a
presently exercisable general power of appointment, including one in the form of
a power of amendment, binds another person to the extent that person's
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, an order binding a conservator binds the person whose estate the
conservator controls; an order binding a guardian binds the ward if no
conservator of the ward's estate has been appointed; an order binding a trustee
binds a beneficiary of the trust in proceedings to probate a will establishing or
adding to a trust, to review the acts or accounts of a former fiduciary and in
proceedings involving creditors or other third parties; an order binding a personal
representative binds a person interested in the undistributed assets of a
decedent's estate in actions or proceedings by or against the estate; and an order
binding a sole holder or all coholders of a general testamentary power of
appointment binds other persons to the extent their interests as objects, takers in
default, or otherwise are subject to the power.
c. Unless otherwise represented, a minor or an incapacitated, unborn, or
unascertained person 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. If no conservator or guardian has been appointed, a parent may represent a minor
child.
4. Notice is required as follows:
a. The notice prescribed by section 30.1-03-01 must be given to every interested
person or to one who can bind an interested person as described in subdivision a
or b of subsection 2. Notice may be given both to a person and to another who
may bind that person.
b. Notice is given to unborn or unascertained persons who are not represented
under subdivision a or b of subsection 2 by giving notice to all known persons
whose interests in the proceedings are substantially identical to those of the
unborn or unascertained persons.
5. 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 state its reasons for appointing a guardian ad litem as a part of the record
of the proceeding.
