<section number="75B-2-1005"><effdate>5/7/2025</effdate><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Limitation of action against trustee.</catchline><subsection number="75B-2-1005(1)">A beneficiary may not commence a proceeding against a trustee for breach of trust more than six months after the date that the beneficiary or a person who may represent and bind 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.</subsection><subsection number="75B-2-1005(2)">A report adequately discloses the existence of a potential claim for breach of trust if the report provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into the claim's existence.</subsection><subsection number="75B-2-1005(3)">If Subsection <xref depth="4" refid="C75-7-S1005_1800010118000101" refnumber="75-7-1005(1)" start="0">(1)</xref> does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within one year after the first to occur of:<subsection number="75B-2-1005(3)(a)">the removal, resignation, or death of the trustee;</subsection><subsection number="75B-2-1005(3)(b)">the termination of the beneficiary's interest in the trust; or</subsection><subsection number="75B-2-1005(3)(c)">the termination of the trust.</subsection></subsection><subsection number="75B-2-1005(4)">This section does not preclude an action to recover for fraud or misrepresentation related to the report.</subsection></section>