Probate and Family Court Uniform Practices

Probate and Family Court Uniform Practices Uniform Probate Court Practice XVIa: Co-fiduciary accounts - Appointment of G.A.L.

Effective Date: 05/01/1984

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Practice XVIa

If a non-accounting co-fiduciary of an accountant, who has received or waived notice relating to the allowance of the account(s), currently represents the interests of a person or persons, the court may waive the appointment of a guardian ad litem for such person or persons upon motion of the accountant brought ex parte.

Such motion shall be accompanied by an affidavit representing:

  1. that such co-fiduciary has received or waived notice relating to the allowance of the pending account(s);
  2. that such co-fiduciary is not aware of any conflict of interest which would prevent him from representing the person or persons whose interest would otherwise require appointment of a G.A.L.;
  3. that such co-fiduciary has a duty to account in his capacity as a fiduciary;
  4. that such co-fiduciary recognizes that he has a fiduciary duty to review such pending accounts with due care and has done so; and
  5. that such fiduciary assents to the allowance of the pending account(s).

Such motion may be allowed without a hearing in the discretion of the court; provided, however, that the accountant shall be given an opportunity to be heard before such motion is denied.

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