by Wes Joyner

Created on: December 22, 2008   Last Updated: April 10, 2012

Managing another person's affairs is a tremendous responsibility, and individuals serving as personal representatives to execute a contract, will, or other legal instrument may find themselves respondents in civil actions under Arizona's Uniform Declaratory Judgments Act (ARS Title 12, Chapter 10, Article 2). This law governs the process of resolving controversy or uncertainty in a legal relationship.

The purpose of the Uniform Declaratory Judgments Act is remedial. Interested parties in a legal relationship may petition the court of appropriate jurisdiction to declare the status of rights, interpret construction and validity of legal instruments, or require specific action. This law is liberally administered to provide uniformity of declaratory judgments and decrees; petitions may be filed for declaratory judgment prior to any breach of contract or to seek remedy thereafter. The court may enter an affirmative or negative decree that carries the full force and effect of any other court order.

Personal representatives can be ordered to perform or abstain from any action within their fiduciary capacity (ARS 12-1834(2)). Petitions for these orders typically arise when the beneficiary of a contract has reason to believe that the executor of the obligation is not acting in good faith under the terms of their relationship. The court has authority to clarify the construction and validity of the contract and define the rights of each interested party. Where no breach of contract has occurred, the court may order specific action to ensure the instrument is carried out properly; however, if a breach has occurred, a judgment requiring action is intended to remedy any damages incurred.

Furthermore, an aggrieved party may file pleadings for supplemental relief on the basis of a declaratory judgment. This allows the court of appropriate jurisdiction to review the application in light of the declaration and determine if further action is warranted. When a request for supplemental relief is deemed sufficient, the adverse party is afforded an opportunity to show cause that further relief is unwarranted.

Common sense goes a long way in protecting yourself from civil lawsuits of this nature. Understanding a contract prior to signing it can save everyone involved from lengthy court proceedings to clarify its terms. As the Uniform Declaratory Judgments Act is primarily intended to remedy uncertainty or controversy, it stands to reason that asking questions before entering into

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