North Dakota Code 59-10.1-03 – Limitation of action
A proceeding under this chapter may not be commenced later than the earliest of the following:
Terms Used In North Dakota Code 59-10.1-03
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Trustee: A person or institution holding and administering property in trust.
1. One hundred twenty days after the date the trustee notified the individual contesting the trust of the trust’s existence or amendment. The notice must include the trustee’s name and address and a copy of the trust instrument with amendments, if any, and must inform the recipient of the time allowed under this section for initiating a proceeding to contest the trust. A trustee may not have any liability under the governing instrument, to a third party, for failure to provide a notice under this subsection. Service of this notice is presumed to have been received upon delivery of the notice to the last known address of the individual to whom the notice is addressed; 2. Three years after the settlor’s death; 3. If the trust was revocable immediately before the settlor’s death and the trust was specifically referred to in the settlor’s last will, then the time in which a petition for review of a will could be filed under state law; or
4. The date an individual’s right to contest was precluded by adjudication, consent, or other limitation.