Section 469.409

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 469

Effective - 28 Aug 2004, 2 histories   

  469.409.  Bar on claim of breach of fiduciary duty, when — applicable rules. — 1.  Any claim for breach of a trustee's duty to impartially administer a trust related, directly or indirectly, to an adjustment made by a fiduciary to the allocation between principal and income pursuant to subsection 1 of section 469.405 or any allocation made by the fiduciary pursuant to any authority or discretion specified in subsection 1 of section 469.403, unless previously barred by adjudication, consent or other limitation, shall be barred as provided in this section.

  (1)  Any such claim brought by a qualified beneficiary is barred if not asserted in a judicial proceeding commenced within two years after the trustee has sent a report to that qualified beneficiary that adequately discloses the facts constituting the claim.

  (2)  Any such claim brought by a beneficiary (other than a qualified beneficiary) with any interest whatsoever in the trust, no matter how remote or contingent, or whether or not the beneficiary is ascertainable or has the capacity to contract, is barred if not asserted in a judicial proceeding commenced within two years after the first to occur of:

  (a)  The date the trustee sent a report to all qualified beneficiaries that adequately discloses the facts constituting the claim; or

  (b)  The date the trustee sent a report to a person that represents the beneficiary under the provisions of subdivision (2) of subsection 2 of this section.

  2.  For purposes of this section the following rules shall apply:

  (1)  A report adequately discloses the facts constituting a claim if it provides sufficient information so that the beneficiary should know of the claim or reasonably should have inquired into its existence;

  (2)  Section 469.402 shall apply in determining whether a beneficiary (including a qualified beneficiary) has received notice for purposes of this section;

  (3)  The determination of the identity of all qualified beneficiaries shall be made on the date the report is deemed to have been sent; and

  (4)  This section does not preclude an action to recover for fraud or misrepresentation related to the report.

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(L. 2001 H.B. 241, A.L. 2004 H.B. 1511)