ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.7905 Commencement of proceedings; limitations.
Sec. 7905.
(1) The following limitations on commencing proceedings apply in addition to other limitations provided by law:
(a) A trust beneficiary shall not commence a proceeding against a trustee for breach of trust more than 1 year after the date the trust beneficiary or a representative of the trust beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the trust beneficiary of the time allowed for commencing a proceeding.
(b) A trust beneficiary who has waived the right to receive reports pursuant to section 7814(5) shall not commence a proceeding for a breach of trust more than 1 year after the end of the calendar year in which the alleged breach occurred.
(2) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the trust beneficiary or representative knows of the potential claim or should have inquired into the potential claim's existence.
(3) If subsection (1) does not apply, a judicial proceeding by a trust beneficiary against a trustee for breach of trust shall be commenced within 5 years after the first of the following to occur:
(a) The removal, resignation, or death of the trustee.
(b) The termination of the trust beneficiary's interest in the trust.
(c) The termination of the trust.
History: Add. 2009, Act 46, Eff. Apr. 1, 2010
PopularName Notes:
EPIC
Notes of Decisions
Cited in
6
cases (
4 in the last 5 years), 2014–2025 · leading case:
Ducharme v. Ducharme, 850 N.W.2d 607 (Mich. Ct. App. 2014).
Ducharme v. Ducharme, 850 N.W.2d 607 (Mich. Ct. App. 2014).
· cites it 4× “Because the breach-of-trust statute specifically applies in the trust context, the MTC statute of limitations, MCL 700.7905, also applies in the trust context.”
David Kilian v. Tcf Nat'l Bank (Mich. Ct. App. 2022).
· cites it 15× “Concerning plaintiffs’ claims arising from events that occurred on or after April 1, 2010—the date that MCL 700.7905 took effect—the trial court granted summary disposition on the basis that the claims were barred by the one-year limitations period in MCL 700.”
in Re Beverly J Laforest Trust & Beverly J Laforest Fam. Trust (Mich. Ct. App. 2016).
· cites it 3× “7905 also refer to the one-year statute of limitations and not to the five-year limitations period that was never mentioned. The probate court did not abuse its discretion in denying appellant the affirmative defense.”
In Re John R Adams Trust (Mich. Ct. App. 2022).
· cites it 2× “Morehouse also argued that Hughes’s complaint was untimely because the complaint was actually an action against a trustee and subject to a five-year limitations period, citing MCL 700.7905(3). She also argued that the complaint was barred by the doctrine of laches because Hughes…”
Barbara Duchene v. S Gary Spicer Sr (Mich. Ct. App. 2025).
“Consequently, pursuant to MCL 700.7905(1), she may initiate “a proceeding against a trustee for breach of trust” within one year of receiving a report that discloses the existence of a viable claim.”
20251114_C369872_38_369872.Opn_Order.Pdf (Mich. Ct. App. 2025).
“Finally, plaintiff argued that any claim asserted by defendant that David Katkin improperly transferred the property as trustee in 2002 would also be barred because David Katkin died in late 2002, meaning that, pursuant to MCL 700.7905, the limitations period for such a claim…”
— Mich. Comp. Laws § 700.7905(1) — 1 case
Barbara Duchene v. S Gary Spicer Sr (Mich. Ct. App. 2025).
“Consequently, pursuant to MCL 700.7905(1), she may initiate “a proceeding against a trustee for breach of trust” within one year of receiving a report that discloses the existence of a viable claim.”
— Mich. Comp. Laws § 700.7905(1)(a) — 3 cases
Ducharme v. Ducharme, 850 N.W.2d 607 (Mich. Ct. App. 2014).
“Because the breach-of-trust statute specifically applies in the trust context, the MTC statute of limitations, MCL 700.7905, also applies in the trust context.”
David Kilian v. Tcf Nat'l Bank (Mich. Ct. App. 2022).
“Concerning plaintiffs’ claims arising from events that occurred on or after April 1, 2010—the date that MCL 700.7905 took effect—the trial court granted summary disposition on the basis that the claims were barred by the one-year limitations period in MCL 700.”
— Mich. Comp. Laws § 700.7905(2) — 1 case
David Kilian v. Tcf Nat'l Bank (Mich. Ct. App. 2022).
“Concerning plaintiffs’ claims arising from events that occurred on or after April 1, 2010—the date that MCL 700.7905 took effect—the trial court granted summary disposition on the basis that the claims were barred by the one-year limitations period in MCL 700.”
— Mich. Comp. Laws § 700.7905(3) — 1 case
In Re John R Adams Trust (Mich. Ct. App. 2022).
“Morehouse also argued that Hughes’s complaint was untimely because the complaint was actually an action against a trustee and subject to a five-year limitations period, citing MCL 700.7905(3). She also argued that the complaint was barred by the doctrine of laches because Hughes…”
— Mich. Comp. Laws § 700.7905(l)(a) — 1 case
Ducharme v. Ducharme, 850 N.W.2d 607 (Mich. Ct. App. 2014).
“Because the breach-of-trust statute specifically applies in the trust context, the MTC statute of limitations, MCL 700.7905, also applies in the trust context.”
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