The Law Offices of Adrian Philip Thomas

Indispensible Parties in Trust Lawsuits

Posted by Adrian P. Thomas on February 6th, 2009   |   1 Comment »

Necessary and Indispensable Parties in Trust Lawsuits:  Second District Clarifies Rule in Trust Probate Dispute

Who is a Necessary Party?

The term “necessary party” has been defined in a variety of ways, but generally most litigators will agree that a “necessary party” is:

(1) as a party whose rights and interests are to be affected by a court order; and (2) whose actions with reference to the subject matter of litigation are to be controlled by the court order; or (3) a person without whose joinder as a party an effective court order or judgment cannot be rendered in the plaintiff’s favor; or (4) A person who is materially interested in the subject matter of a suit and who will be directly affected by an adjudication of the controversy.

Whatever definition one uses, it is undisputed and well-settled law that if a necessary party hasn’t been named in any kind of lawsuit, then court cannot proceed until that person is joined. Read the rest of this entry

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