1. (1) The person’s interest is adequately represented; and
2. (2) There is no conflict of interest between the representative and the person represented.

In any action involving wills, estates, trusts or fiduciaries in the Probate Court or the Superior Court, a minor, an incapacitated person or an unborn or unascertained person whose identity and location is unknown and not reasonably ascertainable, unless otherwise represented, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent that:

History of Section.
P.L. 2006, ch. 167, § 1; P.L. 2006, ch. 190, § 1.