SETTLEMENT AGREEMENTS AND REPRESENTATION

Iowa Code tit. XV, ch. 633A, subch. VI, pt. 3

in effect

Iowa Code § 633A.6301 Definition and applicability.

633A.6301. Definition and applicability. 1. For purposes of this part, “fiduciary matter” includes any item listed in section 633A.6202, subsection 2. 2. Persons interested in a fiduciary matter may approve a judicial settlement and represent and bind other persons interested in the fiduciary matter. 3. Notice to a person who may represent and bind another person under this trust code has the same effect as if notice were given directly to the person represented. 4. Section 633A.6301, subsection 4, Code 2009, applies to written consents executed prior to July 1, 2010. 5. A settlor shall not represent and bind a beneficiary under this trust code with respect to the termination or modification of a trust pursuant to section 633A.2202 or 633A.2203. 99 Acts, ch 125, §96, 109 C2001, §633.6301 2002 Acts, ch 1107, §22; 2003 Acts, ch 95, §21; 2005 Acts, ch 38, §54, 55 CS2005, §633A.6301 2006 Acts, ch 1104, §15, 16; 2010 Acts, ch 1137, §11

Iowa Code § 633A.6302 Representation by holders of powers.

633A.6302. Representation by holders of powers. 1. The holders or all coholders of a power of revocation or presently exercisable general power of appointment, including one in the form of a power of amendment, may represent and bind the persons whose interests, as objects, takers in default, or otherwise, are subject to the power. 2. To the extent there is no conflict of interest between the holders and the persons represented with respect to the fiduciary matter, persons whose interests are subject to a general testamentary power of appointment may be represented and bound by the holder or holders of the power. 3. To the extent there is no conflict of interest with respect to the fiduciary matter, the person or persons holding a limited power of appointment and the taker or takers in default of the exercise of such power may together represent and bind persons whose interests are dependent on the affirmative exercise of such power of appointment by the holder or holders of the power. 99 Acts, ch 125, §97, 109C2001, §633.63022005 Acts, ch 38, §54CS2005, §633A.6302 2022 Acts, ch 1084, §4

Iowa Code § 633A.6303 Representation by fiduciaries and parents.

633A.6303. Representation by fiduciaries and parents. To the extent there is no conflict of interest between the representer and those represented with respect to the fiduciary matter, the following are permitted: 1. A conservator may represent and bind the person whose estate the conservator controls. 2. A trustee may represent and bind the beneficiaries of the trust. 3. A personal representative may represent and bind the persons interested in the decedent’s estate. 4. If no conservator has been appointed, a parent may represent and bind a minor child. 99 Acts, ch 125, §98, 109C2001, §633.63032005 Acts, ch 38, §54CS2005, §633A.6303

Iowa Code § 633A.6304 Representation by holders of similar interests.

633A.6304. Representation by holders of similar interests. Unless otherwise represented, a minor, an incompetent, unborn, or unascertained person, or a remote contingent beneficiary may be represented by and bound by another person having a substantially identical interest with respect to the fiduciary matter but only to the extent that the person’s interest is adequately represented. 99 Acts, ch 125, §99, 109C2001, §633.63042005 Acts, ch 38, §54CS2005, §633A.6304 2022 Acts, ch 1084, §5

Iowa Code § 633A.6305 Notice of judicial settlement.

633A.6305. Notice of judicial settlement. 1. Notice of a judicial settlement shall be given to every interested person or to one who can bind an interested person as described in sections 633A.6302 and 633A.6303. 2. Notice may be given to a person or to another who may bind the person. 3. Notice is given to unborn or unascertained persons who are not represented under sections 633A.6302 and 633A.6303, by giving notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained persons. 99 Acts, ch 125, §100, 109C2001, §633.63052005 Acts, ch 38, §54, 55CS2005, §633A.6305

Iowa Code § 633A.6306 Appointment of guardian ad litem.

633A.6306. Appointment of guardian ad litem. 1. At any point in a judicial proceeding, the court may appoint a guardian ad litem to represent and approve a settlement on behalf of the interest of a minor, an incapacitated, unborn, or unascertained person, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. 2. If not precluded by conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. 3. The court shall set out its reasons for appointing a guardian ad litem as a part of the record of the proceeding. 4. In approving a judicially supervised settlement, a guardian ad litem may consider general family benefit. 99 Acts, ch 125, §101, 109C2001, §633.63062005 Acts, ch 38, §54CS2005, §633A.6306

Iowa Code § 633A.6307 Appointment of special representative.

633A.6307. Appointment of special representative. 1. In connection with a nonjudicial settlement, the court may appoint a special representative to represent the interests of and approve a settlement on behalf of designated persons. 2. If not precluded by a conflict of interest, a special representative may be appointed to represent several persons or interests. 3. In approving a settlement, a special representative may consider general family benefit. As a condition for approval, a special representative may require that those represented receive a benefit. 99 Acts, ch 125, §102, 109C2001, §633.63072005 Acts, ch 38, §54CS2005, §633A.6307

Iowa Code § 633A.6308 Nonjudicial settlement agreements.

633A.6308. Nonjudicial settlement agreements. 1. For purposes of this part, “interested persons” means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court. 2. Except as otherwise provided in subsection 3, or as to a modification or termination of a trust under section 633A.2203, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust. 3. A nonjudicial settlement is valid only to the extent the settlement does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this trust code or other applicable law. 4. Matters that may be resolved by a nonjudicial settlement agreement include any of the following: a. The interpretation or construction of the terms of the trust. b. The approval of a trustee’s report or accounting. c. Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power. d. The resignation or appointment of a trustee and the determination of a trustee’s compensation. e. The transfer of a trust’s principal place of administration. f. The liability of a trustee for an action relating to the trust. 5. Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation provided was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved. 2003 Acts, ch 95, §22CS2003, §633.63082005 Acts, ch 38, §54, 55CS2005, §633A.6308

Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=633A&year=2026Fetched: 10/20/2026