14-11005. Limitation of action against trustee
A. 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 of the time allowed for commencing a proceeding.
B. 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.
C. If subsection A does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within two years after the first to occur of:
1. The removal, resignation or death of the trustee.
2. The termination of the beneficiary's interest in the trust.
3. The termination of the trust.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2017–2024 · leading case:
Whiles v. Henderson (Ariz. Ct. App. 2017).
Whiles v. Henderson (Ariz. Ct. App. 2017).
· cites it 5× “¶11 Henderson argues that Appellants breach of fiduciary duty claim was barred by A.R.S. § 14-11005, because the lawsuit was not initiated 2 As noted above, the superior court found Henderson’s motion relied on evidence extrinsic to the petition and converted it to a motion for…”
Haworth v. Ligon (Ariz. Ct. App. 2017).
· cites it 4× “Judy also moved to dismiss the petition, contending Amber and Autum’s claims were time-barred under A.R.S. § 14-11005 because they did not file their petition within two years of the termination of their interests in the 3 HAWORTH v.”
Lampe v. Lampe (Ariz. Ct. App. 2021).
· cites it 3× “¶16 In support of their contention that notice is required to trigger the limitations period, Plaintiffs cite A.R.S. § 14-11005(A), which provides that the one-year limitation period for a breach of trust claim starts when there is adequate disclosure that a potential claim…”
Isgro v. Wells Fargo (Ariz. Ct. App. 2019).
· cites it 2× “1 See A.R.S. § 14-11005(C)(2) (“[A] judicial proceeding by 1 The trial court granted summary judgment on Isgro’s contract claims based on its conclusion that “’[a] trustee who fails to perform his duties .”
Christensen v. Galliway (D. Ariz. 2024).
· cites it 2× “2 Defendants provide two potentially applicable limitation periods for declaratory judgment: 3 one of two years for breach of trust, A.R.S. § 14-11005(C)(2) and one of four years as a 4 “catch all” civil litigation statute of limitations, A.”
— Ariz. Rev. Stat. § 14-11005(A) — 1 case
Lampe v. Lampe (Ariz. Ct. App. 2021).
“¶16 In support of their contention that notice is required to trigger the limitations period, Plaintiffs cite A.R.S. § 14-11005(A), which provides that the one-year limitation period for a breach of trust claim starts when there is adequate disclosure that a potential claim…”
— Ariz. Rev. Stat. § 14-11005(C) — 1 case
Whiles v. Henderson (Ariz. Ct. App. 2017).
“¶11 Henderson argues that Appellants breach of fiduciary duty claim was barred by A.R.S. § 14-11005, because the lawsuit was not initiated 2 As noted above, the superior court found Henderson’s motion relied on evidence extrinsic to the petition and converted it to a motion for…”
— Ariz. Rev. Stat. § 14-11005(C)(2) — 3 cases
Haworth v. Ligon (Ariz. Ct. App. 2017).
“Judy also moved to dismiss the petition, contending Amber and Autum’s claims were time-barred under A.R.S. § 14-11005 because they did not file their petition within two years of the termination of their interests in the 3 HAWORTH v.”
Isgro v. Wells Fargo (Ariz. Ct. App. 2019).
“1 See A.R.S. § 14-11005(C)(2) (“[A] judicial proceeding by 1 The trial court granted summary judgment on Isgro’s contract claims based on its conclusion that “’[a] trustee who fails to perform his duties .”
Christensen v. Galliway (D. Ariz. 2024).
“2 Defendants provide two potentially applicable limitation periods for declaratory judgment: 3 one of two years for breach of trust, A.R.S. § 14-11005(C)(2) and one of four years as a 4 “catch all” civil litigation statute of limitations, A.”
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