(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 and informed the beneficiary of the time allowed for commencing a proceeding.
(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 representative knows of the potential claim or should have inquired 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 five (5) 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.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 73 - Arkansas Trust Code
Subchapter 10 - Liability of Trustees and Rights of Persons Dealing With Trustees
§ 28-73-1001. Remedies for breach of trust
§ 28-73-1002. Damages for breach of trust
§ 28-73-1003. Damages in absence of breach
§ 28-73-1004. Attorney's fees and costs
§ 28-73-1005. Limitation of action against trustee
§ 28-73-1006. Reliance on trust instrument
§ 28-73-1007. Event affecting administration or distribution
§ 28-73-1008. Exculpation of trustee
§ 28-73-1009. Beneficiary's consent, release, or ratification
§ 28-73-1010. Limitation on personal liability of trustee
§ 28-73-1011. Interest as general partner