ACTEC Fellows

ACTEC 2026 Annual Meeting – Seminar D


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In the high-stakes world of fiduciary litigation, timing is everything. File timely or your claim may be forever barred. Will contests can turn on periods of limitations, repose, and notice requirements. After-discovered wills pose their own unique problems. Trust contests may face a hard statute of limitations, or extend for decades, absent being torpedoed by equitable doctrines. And claims against fiduciaries for breach blend both worlds: statutory periods collide with equitable concepts, and the ever-present notice questions. Claims involving minor beneficiaries or those suffering diminished capacity add yet another layer. Miss the notice, ignore the red flags, or wait too long to cry foul, and even the most egregious misconduct or patent invalidity may rest in eternal repose. This presentation will explore the various applications of periods of limitation and repose on various challenges to testamentary documents, non-testamentary transfers, trusts, and fiduciary breach claims from various state viewpoints.

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ACTEC FellowsBy ACTEC