Document Type
Article
Publication Date
2014
Abstract
In this article, Alan Newman critically examines the statutory limitations that govern when beneficiaries may bring claims against trustees under the Uniform Trust Code (UTC). He analyzes how the UTC attempts to balance the need for finality in trust administration with the protection of beneficiary interests, particularly in light of statutes of limitations and repose. Newman explores the complex procedural and substantive issues surrounding when claims accrue, what constitutes adequate notice to beneficiaries, and how these factors affect whether a claim is time-barred. He raises concerns about beneficiaries losing valid claims without ever realizing their rights have expired, hence the title’s allusion to missed opportunities. The article ultimately calls for clearer notice provisions and more nuanced limitations standards that better align with principles of fairness and trust accountability.
Publication Title
Real Property, Trust and Estate Law Journal
Volume
48
First Page
459
Recommended Citation
Newman, Alan, "You Don’t Know What You’ve Got Till It’s Gone: Time-Barred Claims under the Uniform Trust Code" (2014). Akron Law Faculty Publications. 381.
https://ideaexchange.uakron.edu/ua_law_publications/381