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.
(Acts 1982, No. 82-399, §1-106.)
Notes of Decisions
Hardy ex rel. Est. of Carter v. Hardin, 200 So. 3d 622 (Ala. 2016).
· cites it 16× “Hardin directed the probate court’s attention to § 43-8-5, Ala.Code 1975, which states: ‘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…”
In Re Est. of Hudson, 887 So. 2d 923 (Ala. Civ. App. 2004).
· cites it 9× “Further, pursuant to § 43-8-5, Ala.Code 1975, the Court has jurisdiction to provide relief for someone whenever a fraud or misrepresentation has occurred.”
Bessie Kirksey v. Iris Johnson, 166 So. 3d 633 (Ala. 2014).
· cites it 5× “Accordingly, the omitted heirs alleged that they were entitled to relief pursuant to § 43-8-5, Ala. Code 1975, which states: "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…”
Taylor v. Newman, 93 So. 3d 118 (Ala. 2012).
· cites it 5× “For example, the Court of Civil Appeals could not properly have applied the limitations period from Ala.Code 1975, § 43-8-5. Taylor, 93 So.3d at 114 .”
Wilson v. Jones, 105 So. 3d 1193 (Ala. 2012).
· cites it 7× “Code 1975 (will contest filed after will admitted to probate).”
Johnson v. Neal, 39 So. 3d 1040 (Ala. 2009).
· cites it 5× “” In Christian , this Court indicated its agreement with a prior decision of the Court of Civil Appeals, holding: “[A]ppropriate relief for one injured by the fraud contemplated by Ala.Code 1975, § 43-8-5, would include the tolling of the time within which to file a will contest…”
Taylor v. Newman, 2100781 (ala.civ.app. 10-14-2011), 93 So. 3d 108 (Ala. Civ. App. 2011).
· cites it 6× “5 However, the Probate Code, in § 43-8-5, Ala.Code 1975, provides: “Whenever fraud has beén 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…”
McGee v. McGee, 91 So. 3d 659 (Ala. 2012).
· cites it 5× “Jack contends that his theory presents a cognizable cause of action under Ala.Code 1975, § 43-8-5, which provides: “Whenever fraud has been perpetrated .”
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