(a) Appointment of attorney. — In an action that may affect a property interest of an individual not in being, the court, on motion of a party or on its own initiative, may appoint an attorney to represent the individual. The attorney shall be paid a reasonable fee, to be fixed by the court and paid as it shall direct.
Rule 2-203.Individual not in being — Property interest
Circuit Court · Last amended July 1, 1988 · Last verified July 13, 2026
In one sentenceRule 2-203 lets a court appoint an attorney to represent an individual not yet in being whose property interest could be affected by a lawsuit, and makes the resulting judgment binding on that individual once born.
Full Text of Rule 2-203
(b) Effect of order or judgment. — When an attorney is appointed to represent an individual not in being, any order or judgment subsequently entered in the action is binding on the individual to the same extent as if the individual had been in being when the action was commenced and had appeared in the action.
Amendment History
Added June 3, 1988, effective July 1, 1988.
Committee Note & Source
Source. This Rule is in part derived from former Rule 275 and in part new.
Plain-English Summary
Some lawsuits touch property rights that belong to someone who doesn't exist yet — a future grandchild who might inherit under a trust, for example. Rule 2-203 gives the court a way to protect that interest: on a party's motion or on its own initiative, the court may appoint an attorney to represent the individual not in being. The court sets and directs payment of a reasonable fee for that attorney.
The appointment has real teeth. Any order or judgment entered afterward binds the individual to the same extent as if that person had already existed when the case started and had appeared in it. That finality is what makes the appointment worthwhile — without it, a judgment affecting property could remain vulnerable to challenge every time a new interest holder came into being.
Frequently Asked Questions
Who counts as an "individual not in being" under this rule?
Someone who doesn't yet exist but who could hold a property interest affected by the lawsuit — for instance, an unborn or not-yet-conceived beneficiary of a trust or estate.
Why would a court appoint a lawyer for someone who doesn't exist yet?
To make sure that person's future property interest gets real representation in the case, since they can't appear or instruct counsel themselves.
Is a future beneficiary bound by a judgment entered before they were born?
Yes. Once an attorney has been appointed to represent the individual not in being, any resulting order or judgment binds that individual to the same extent as if they had existed and appeared in the action when it began.
Who pays the attorney appointed under Rule 2-203?
The court fixes a reasonable fee and directs how it is to be paid.
Who can ask the court to appoint this kind of attorney?
Any party may move for the appointment, or the court may appoint one on its own initiative.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: attorney for unborn beneficiaryindividual not in being Marylandfuture property interest lawsuitappointed attorney for future heirrepresenting contingent interest in litigation