Section 6.28 Accrual of Cause of Action

• Library: Trusts and Powers 2013 Supp

B. (§6.28) Accrual of Cause of Action

As noted in §6.1 above, this chapter is primarily concerned with a trust contest initiated after the death of a settlor. Thus, the alleged wrong in most instances will have occurred during the settlor’s lifetime. Accordingly, even though the death of the settlor may be the event that triggers a trust contest, the alleged wrong that triggers the applicable statute of limitations may have occurred long before the death. Therefore, an investigation of the facts, and the basis for the trust contest, should be undertaken as promptly as possible after the death of the settlor to determine how much...