§ 36C-10-1005. Limitation of action against trustee.

207 words·~1 min read·/nc/chapter-36c/36c-10-1005

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)No proceeding against a trustee for breach of trust may be commenced more than five years after the first to occur of:

(i)the removal, resignation, or death of the trustee;

(ii)the termination of the beneficiary's interest in the trust; or

(iii)the termination of the trust.

(b)Except as provided in subsection

(a)of this section, Chapter 1 of the General Statutes governs the limitations of actions on judicial proceedings involving trusts. However, for purposes of those limitations both of the following apply:

(1)On the date that any limitation starts running as to a person with respect to a claim held by the person involving a trust, the limitation also shall start running as to all other persons the person would be entitled to represent under Article 3 of this Chapter, whether or not the person consented to serve as a representative.

(2)G.S. 1-17 of the General Statutes shall not apply to toll the running of the limitation as to the persons described in subdivision

(1)of this subsection. Those persons shall be treated as if they were under no disability on the date that the limitation starts running. (2005-192, s. 2; 2015-205, s. 6.)