§ 59-18-05 — (1005) Limitation of action against trustee

North Dakota § 59-18-05

• Jurisdiction: North Dakota
• Title 59: Trusts, Uses, and Powers
• Ch. 59-18: Trustee Liability and Dealings

Text

1. 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 in the report or in a separate notice
accompanying the report 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 five years after whichever occurs first:
the removal, resignation, or death of the trustee; the termination of the beneficiary's
interest in the trust; or the termination of the trust.