§ 43-8-5 — Relief Against Fraud; Limitations

Alabama § 43-8-5

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 8: Probate Code
• Art. 1: General Provisions

Text

Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting 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 one not a perpetrator of the fraud later than five years after the time of the commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his or her lifetime which affects the succession of his or her estate.

Legislative History

(Acts 1982, No. 82-399, §1-106.)