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Wills, Estates & Trusts

Oct. 23, 2026

Who speaks for unborn, minor and unlocatable beneficiaries? Virtual representation under Probate Code 15804

California's new virtual representation statute gives trust counsel a useful tool to bind beneficiaries. But whether it works in a particular proceeding depends on the facts--and potential conflicts.

Stefan O'Grady

Partner
Keystone Law Group, P.C.

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Who speaks for unborn, minor and unlocatable beneficiaries? Virtual representation under Probate Code 15804
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How can one bind an unborn person, a minor, an incapacitated person or an otherwise unascertained person to a trust proceeding? This concept, known as "virtual representation," is a challenge that plagued trust litigators for years. Then came AB 565, which became effective on Jan. 1, 2026, repealing and replacing Probate Code section 15804 and overhauling virtual representation in California.

In its simplest form, virtual representation is a doctrine that allows one perso...

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