by Sonja Dupree

Created on: January 01, 2009   Last Updated: January 09, 2009

The Arizona's Uniform Declaratory Judgment Act (ARS 12-1834(2)) generally is interpreted liberally and application of declaratory judgment action is only appropriate in an actual case or controversy of a justifiable nature. In order for there to be a justifiable controversy for the purpose of this act there must be an assertion of a right, status or legal relation in which the individual has a definite interest and a denial of it by the opposing party. The individual bringing the legal action must show sufficient facts that are real to establish a justifiable controversy, and declaratory relief must be based on an existing state of current facts, not one that is be based upon a projection of what may or may not arise in the future. In order for a justifiable issue or controversy to exist, there must be opposing claims asserted by the individual upon current existing facts which has matured for judicial determination. This Act is applicable in Probate and Trust litigation.

Under Arizona's Uniform Declaratory Judgment Act, an interested party can bring an action forcing a personal representative, conservator or trustee to do an act or refrain from doing an act when an heir feels that the trustee violated or breached a fiduciary duty. If an individual is appointed as a personal representative of an estate or any of the various titles previously mentioned, it is imperative that he/she understands the magnitude of that responsibility of overseeing an estate or interest of another, to avoid any legal action that could results by their negligence of duties.

First of all, it is important to become familiar with some of the terms and its definition:
(a) An heir is a person entitled to take the property of an interstate dependent.
(b) A beneficiary is a person that inherits under a will.
(c) A conservator is a person or entity appointed by the court for the financial well being of a minor or an incompetent.
(d) A fiduciary is a person that is designated to act on behalf of and in the best interest of another; this person is appointed by a court or an individual to preserve and protect another's assets or person. The fiduciary duties include the duties of loyalty, obedience, and accountability for which the fiduciary is appointed to protect and serve.
(e) A trustee is the person who manages the assets subject to a trust.
Whether one is a trustee, conservator, or fiduciary, these appointments comes with executive responsibility that should not be taken frivolously. All fiduciaries

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