An executor, administrator, or trustee of an express trust may sue or be sued without joining the persons represented by him or her and beneficially interested in the suit. The term ‘‘trustee of an express trust’’ shall be construed to include any person with whom, or in whose name, a contract is made for the benefit of another. (See General Statutes § 52-106 and annotations.)
Section 9-11.Executor, Administrator or Trustee of Express Trust
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceAn executor, administrator, or trustee of an express trust can sue or be sued in their own name without joining the beneficiaries they represent, and the rule extends this to anyone who contracts on another's behalf.
Full Text of Section 9-11
Amendment History
(P.B. 1978-1997, Sec. 91.)
Plain-English Summary
This rule lets a fiduciary stand in for the people they represent in a lawsuit. An executor, administrator, or trustee of an express trust may sue or be sued without also naming the beneficiaries who hold the underlying interest in the outcome.
The rule reads “trustee of an express trust” broadly. It covers not only formal trustees but anyone who enters a contract in their own name, or in whose name a contract is made, for someone else’s benefit. That person can carry the litigation alone.
Frequently Asked Questions
Do trust beneficiaries have to be named as parties?
No. Under this rule the trustee of an express trust may sue or be sued without joining the beneficiaries who are represented and beneficially interested in the suit.
Does this rule only apply to formal trustees?
No. It also covers any person with whom, or in whose name, a contract is made for the benefit of someone else, treating that person as a trustee of an express trust for joinder purposes.
Can an executor or administrator sue without joining the heirs?
Yes. The rule names executors and administrators alongside trustees as fiduciaries who may sue or be sued without joining the persons they represent.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 9-11). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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