55-18-5. Notice, service of process, and consent not required of certain persons.

Neither notice nor service of process on, nor consent to, any matter in any proceeding is required from:

(1)    An unborn individual;

(2)    An unascertained person;

(3)    The potential appointee of a power of appointment;

(4)    The potential taker in default of a general power of appointment;

(5)    An uninterested beneficiary; and

(6)    A person bound by a representative.

Notwithstanding subdivisions (1) and (2), if no interested beneficiary, or representative thereof, would otherwise receive notice or provide consent with respect to the matter in question, a representative of an unborn or unascertained person shall act pursuant to § 55-18-9.

Notwithstanding subdivision (5), with respect to the matter in question, notice is required to, or consent is required from, an uninterested beneficiary who does not have a substantially identical interest with one or more interested beneficiaries.

Source: SL 2017, ch 208, § 5; SL 2018, ch 275, § 32.