§ 43-2-696.01 — Relief Against Fraud; Limitations

Alabama § 43-2-696.01

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 2: Administration of Estates
• Art. 18: Settlements and Distributions
• Div. 10: Summary Distribution of Small Estates

Text

Whenever fraud had been perpetrated in connection with any proceeding or in any statement filed under this division or if fraud is used to avoid or circumvent the provisions or purposes of this division, any person injured by these actions may obtain appropriate relief against the perpetrator of the fraud or receive restitution from any person, other than a bona fide purchaser, benefiting from the fraud, whether innocent or not. Any proceeding must be commenced within one year after the discovery of the fraud or from the time when the fraud should have been discovered, but no proceeding may be brought against anyone who did not perpetrate the fraud later than five years after the time of the commission of the fraud. This section has no effect on remedies related to fraud perpetrated against a decedent during the decedent’s lifetime which affects the succession of the decedent’s estate.

Legislative History

(Act 2025-431, §2.)