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District of Columbia Code Division III. Decedents' Estates and Fiduciary Relations. § 19-1310.05. Limitation of action against trustee.

Current as of January 01, 2024 | Updated by FindLaw Staff

(a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of 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.

(b) 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.

(c) If subsection (a) of this section does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within 3 years after the first to occur of:

(1) The removal, resignation, or death of the trustee;

(2) The termination of the beneficiary's interest in the trust; or

(3) The termination of the trust.

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Cite this article: FindLaw.com - District of Columbia Code Division III. Decedents' Estates and Fiduciary Relations. § 19-1310.05. Limitation of action against trustee. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-iii-decedents-estates-and-fiduciary-relations/dc-code-sect-19-1310-05/

Read this complete District of Columbia Code Division III. Decedents' Estates and Fiduciary Relations. § 19-1310.05. Limitation of action against trustee. on Westlaw. Westlaw subscription required.

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