Me. Rev. Stat. » Title 18-B
Maine Revised Statutes

Me. Rev. Stat. tit. 18-B, § 1005 (2026)

Limitation of action against trustee

✓ current as of May 2026
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1.  Report; one-year limitation.  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.  
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
2.  Disclosure of potential claim.  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.  
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
3.  Six years.  If subsection 1 does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within 6 years after the first to occur of:  
A. The removal, resignation or death of the trustee;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
B. The termination of the beneficiary's interest in the trust; and   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
C. The termination of the trust.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
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Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Noveletsky v. Metro. Life Ins., 49 F. Supp. 3d 123 (D. Me. 2014).
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Noveletsky v. Metro. Life Ins., 49 F. Supp. 3d 123 (D. Me. 2014). “See 18-B M.R.S.A. § 1005. But none of the parties offers the Court a comprehensive argument about why their interpretation of the statutory landscape is correct or addresses how § 7-307 of the Maine Probate Code or § 1104(2) of the Maine Uniform Trust Code factors into the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.