(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.
(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
or has reason to know of the potential claim or that the beneficiary had a duty to
inquire further and the response to such an inquiry would have disclosed the potential
claim. If written notice is given to the trustee by a beneficiary or representative
within the time for commencing an action under subsection (a) of this section stating
that the beneficiary or representative has received insufficient information from
the trustee’s report to determine whether to commence an action for breach of trust,
the time for commencing an action shall be extended by six months. If no proceeding
is commenced within the extended time, it shall be conclusively presumed that the
report adequately disclosed the existence of any potential claim.
(c) If subsection (a) of this section does not apply, a judicial proceeding by a beneficiary
against a trustee for breach of trust must be commenced within three 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; or
(3) the termination of the trust.
(d) Subsections (a) through (c) of this section shall not apply to the filing of a petition
in Probate Division of the Superior Court by the Attorney General for breach of trust
against the trustee of a charitable trust with a principal place of administration
in this State. The Attorney General may file a petition within three years after the
potential claim arises. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. February 1, 2011.)
In re Est. of Alden v. Alden v. Alden, 2011 VT 64 (Vt. 2011). · cites it 2ד14A V.S.A. § 1005. Pursuant to this section, “[a] beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary .”
dewdney v. duncan (Vt. Super. Ct. 2024). · cites it 2דLastly, Defendant argues that Plaintiffs’ claim of breach of fiduciary duty must be dismissed as time-barred by the statute of limitations in 14A V.S.A. § 1005(a). Id. at 40–46. The motion is supported by a statement of undisputed material facts (“SUMF”) (filed Dec.”
Est. of Nancy B. Alden v. Dee (Vt. Super. Ct. 2010). · cites it 2ד14A V.S.A. § 1005. If the beneficiary received a report adequately disclosing the potential claim, she has one year to commence suit, otherwise the limitation period is three years from the first of the following events to occur: the trustee’s removal or death, termination of…”
Vt. Stat. Ann. tit. 14A, § 1005(a): 1 case
dewdney v. duncan (Vt. Super. Ct. 2024). “Lastly, Defendant argues that Plaintiffs’ claim of breach of fiduciary duty must be dismissed as time-barred by the statute of limitations in 14A V.S.A. § 1005(a). Id. at 40–46. The motion is supported by a statement of undisputed material facts (“SUMF”) (filed Dec.”
Vt. Stat. Ann. tit. 14A, § 1005(b): 2 cases
In re Est. of Alden v. Alden v. Alden, 2011 VT 64 (Vt. 2011). “14A V.S.A. § 1005. Pursuant to this section, “[a] beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary .”
Est. of Nancy B. Alden v. Dee (Vt. Super. Ct. 2010). “14A V.S.A. § 1005. If the beneficiary received a report adequately disclosing the potential claim, she has one year to commence suit, otherwise the limitation period is three years from the first of the following events to occur: the trustee’s removal or death, termination of…”
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.