Bill > AB565

This bill modifies California's trust law by establishing new rules for representing and binding trust beneficiaries. Currently, trust law allows for indirect notice to beneficiaries, but this bill replaces that provision with a more comprehensive framework for representation. The bill allows certain individuals, such as parents, conservators, guardians, agents, trustees, and personal representatives, to represent and bind others in trust-related matters, with some key restrictions. Notably, representatives cannot have conflicts of interest, and a settlor cannot represent beneficiaries in terminating or modifying an irrevocable trust. The bill requires written consent for representation and stipulates that such consent is binding unless the represented person objects before it becomes effective. It also provides detailed guidelines for representing different types of interests, including minor children, incapacitated persons, and future beneficiary classes. The bill protects fiduciaries acting in good faith and ensures that certain representation relationships are permissible, such as a trustee representing beneficiaries or a parent representing minor children. Additionally, the bill preserves existing notice requirements in court proceedings and does not eliminate the availability of guardians ad litem or previously existing representative duties.

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https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB565