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.
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Terms Used In Utah Code 75-7-1005
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
Fraud: Intentional deception resulting in injury to another.
Trustee: A person or institution holding and administering property in trust.
(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.
