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2017 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 7 - Utah Uniform Trust Code
Part 10 - Liability of Trustees and Rights of Persons Dealing with Trustee
Section 1005 - Limitation of action against trustee.
Universal Citation: UT Code § 75-7-1005 (2017)
75-7-1005. Limitation of action against trustee.
Enacted by Chapter 89, 2004 General Session
- (1) A beneficiary may not commence a proceeding against a trustee for breach of trust more than six months after the date that the beneficiary or a person who may represent and bind the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.
- (2) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.
- (3) If Subsection (1) does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within one year after the first to occur of:
- (a) the removal, resignation, or death of the trustee;
- (b) the termination of the beneficiary's interest in the trust; or
- (c) the termination of the trust.
- (4) This section does not preclude an action to recover for fraud or misrepresentation related to the report.
Enacted by Chapter 89, 2004 General Session
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