Section 6.34 Pre-Missouri Uniform Trust Code Statutes of Limitation

• Library: Trusts and Powers 2013 Supp

D. (§6.34) Pre-Missouri Uniform Trust Code Statutes of Limitation

As noted above in §6.29, if a statute of limitation has been triggered before January 1, 2005, that prior statute continues to apply. In such a situation, there are three Missouri statutes of limitations that can be applied to a trust contest. A review of the limited, and mostly ancient, caselaw indicates that each of the statutes will apply, in the appropriate circumstances, to a trust contest:

Section 516.120(4), RSMo 2000, provides a five-year limitation on actions “for any other injury to the . . . rights of another, not arising on contract and not herein otherwise enumerated,” which may have been held to include a trust contest. See Odom v. Langston, 195 S.W.2d 463 (Mo. 1946).

Section 516.010, RSMo 2000, provides a ten-year limitation on actions “for the recovery of any lands, tenements or hereditaments, or...