Which of the following best defines a 'person interested' in the context of the estates, powers and trusts law?

• A. A creditor shall not be deemed a person interested.
• B. A person under disability.
• C. A person entitled or allegedly entitled to share as beneficiary in the estate or the trustee in bankruptcy or receiver of such person.
• D. A safe deposit company.

Answer: (C)

The concept tested is who counts as a “person interested” in estates, powers and trusts law. In this area, a person interested is someone who has a real or potential right to share in the decedent’s estate or the trust, not just someone who is merely owed money or who holds assets.

The best answer fits this by naming someone who is entitled or allegedly entitled to share as a beneficiary in the estate, or the trustee in bankruptcy or receiver of such a person. That captures the core idea: the person has a claim to participate in the estate’s distribution, whether directly as a beneficiary or indirectly through the representation of the debtor’s interests (the trustee or receiver).

Why the other ideas don’t fit as the defining definition: a creditor isn’t automatically a person interested merely by virtue of debt; their claim doesn’t involve a share in the estate’s distribution in the same way a beneficiary does. a person under disability describes capacity, not the interest in the estate itself. a safe deposit company is a custodian rather than a person who would share in the estate.