Representation by a Person With a Substantially Identical Interest

A Practical Solution for Absent or Unknown Parties

Trust and estate proceedings sometimes involve people who simply cannot participate. A beneficiary may be a minor. Another may lack the capacity to act. An unborn child may have a future interest in a trust. Someone's identity or location may be unknown despite reasonable efforts to find them. In these situations, Arizona law provides a fallback.

The concept is straightforward. If two people share a substantially identical interest in a trust or estate matter, one can speak for the other. A current beneficiary, for example, may be able to represent an unborn future beneficiary whose interest mirrors their own.

The Two Key Requirements

This type of representation is not unlimited. Two conditions must be met. First, the person being represented must not already have another form of representation, such as a guardian, conservator, or agent with authority to act. This statute is a fallback, not a first option.

Second, there must be no material conflict of interest between the representative and the person being represented on the particular question or dispute. If the representative's interests and the absent person's interests point in different directions, this form of representation does not apply. The court would need to consider other options, such as appointing a guardian ad litem under A.R.S. 14-1408.

For families with trusts that include provisions for future generations or contingent beneficiaries, this statute provides a way to handle modifications, settlements, and disputes without lengthy delays waiting for every interested person to be located or come of age.