Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE (§§ 91-8-1001 — 91-8-1014) › Section 91-8-1005 - Limitation of action against trustee by a beneficiary, a trustee, trust advisor or trust protector

(a)
A beneficiary may not commence a proceeding against a trustee for breach of trust more than one (1) 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 beneficiary's representative knows of the potential claim or has sufficient information to be presumed to know of it, or to be put on notice to inquire into its existence.
(c)
If subsection (a) does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within three (3) 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)
A trustee may not commence a proceeding against a cotrustee or a former trustee for breach of trust more than one (1) year after the date the trustee or a representative of the trustee was sent a report that adequately disclosed facts indicating the existence of a potential claim for breach of trust.
(e)
A report adequately discloses facts indicating the existence of a potential claim for breach of trust if it provides sufficient information so that the trustee or the trustee's representative knows of the potential claim or has sufficient information to be presumed to know of it, or to be put on notice to inquire into its existence.
(f)
If subsection (d) does not apply, a judicial proceeding by a trustee against a cotrustee or former trustee for breach of trust must be commenced within three (3) years after the first to occur of:
(1)
The removal, resignation, or death of the cotrustee or a former trustee;
(2)
The termination of the beneficiary's interest in the trust; or
(3)
The termination of the trust.
(g)
A trust advisor or trust protector may not commence a proceeding against a trustee or a former trustee for breach of trust more than one (1) year after the date the trust advisor or trust protector or the respective representative of each was sent a report that adequately disclosed facts indicating the existence of a potential claim for breach of trust.
(h)
A report adequately discloses facts indicating the existence of a potential claim for breach of trust if it provides sufficient information so that the trust advisor or trust protector or the respective representative of each knows of the potential claim or has sufficient information to be presumed to know of it, or to be put on notice to inquire into its existence.
(i)
If subsection (g) does not apply, a judicial proceeding by a trust advisor or trust protector against a trustee or former trustee for breach of trust must be commenced within three (3) years after the first to occur of:
(1)
The removal, resignation, or death of the trustee or a former trustee;
(2)
The termination of the beneficiary's interest in the trust; or
(3)
The termination of the trust.
(j)
Notwithstanding subsections (d) through (i), no trustee, trust advisor, or trust protector may commence a proceeding against a trustee or a former trustee if, under subsections (a) through (c) of this section, none of the beneficiaries may commence a proceeding against the cotrustee or former trustee for the breach of trust.
Added by Laws, 2014, ch. 421, SB 2727, 81, eff. 7/1/2014.