(2) To the extent there is no conflict of interest between them or among persons represented, orders binding a conservator bind the person whose estate he controls orders binding a guardian bind the ward if no conservator of his estate has been appointed orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will establishing or adding to a trust, to review the acts or accounts of a prior fiduciary and in proceedings involving creditors or other third parties and orders binding a personal representative bind persons interested in the undistributed assets of a decedent's estate in actions or proceedings by or against the estate. (1) Orders binding the sole holder or all coholders of a power of revocation or a presently exercisable general power of appointment, including one (1) in the form of a power of amendment, bind other persons to the extent their interests (as objects, takers in default, or otherwise) are subject to the power. (b) Persons are bound by orders binding others in the following cases: (a) Interests to be affected shall be described in pleadings which give reasonable information to owners by name or class, by reference to the instrument creating the interests, or in other appropriate manner. In judicial proceedings involving trusts or estates of decedents, minors, protected persons, or incapacitated persons, and in judicially supervised settlements, the following apply: Pleadings - When parties bound by others - Notice The following is an example of a State Statute ( Idaho) on Virtual Representation doctrine: 2008), the United States Supreme Court rejected the emerging use of the “virtual representation” theory as a basis for applying claim preclusion or issue preclusion against a litigant who was not a party to the earlier judgment. The doctrine was greatly expanded by New York legislation enacted in 1967, the elements of which have been adopted by many other jurisdictions, either by statute or case law. In estate and trust proceedings, a restricted form of the doctrine was recognized both at common law and in the first Restatement of Property. The doctrine arose in England and was used in the United States in the early 1800s in cases involving multiple parties.
This allows the action to proceed without minors, unborns, and persons under disability. In short a person who is represented by another party need not be made a party to the proceeding for the judgment to be binding on such person. For example, a judgment in a case naming only the husband as a party can be binding on his wife as well. According to this doctrine a judgment may bind a person who is not a party to the litigation if one of the parties is so closely aligned with the nonparty's interests that the nonparty has been adequately represented by the party in court.
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