Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within one year after the discovery of the fraud or from the time when the fraud should have been discovered, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of the commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Article 1 - General Provisions.
Section 43-8-1 - General Definitions.
Section 43-8-2 - Construction of Chapter; Purposes and Policies.
Section 43-8-3 - Supplementary Effect of Principles of Law and Equity.
Section 43-8-4 - Construction Against Implied Repeal.
Section 43-8-5 - Relief Against Fraud; Limitations.
Section 43-8-6 - Rules of Evidence; Evidence as to Death or Status; Presumption of Death.
Section 43-8-7 - Effect of Acts by Holder of General Power of Appointment, etc., on Beneficiaries.
Section 43-8-8 - Effective Date; Transition Provisions.
Section 43-8-9 - Savings Provision for Counties of Jefferson and Mobile.