15-1-106. EFFECT OF FRAUD AND EVASION. Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, 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 two (2) years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five (5) years after the time of 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.
History:
[I.C., sec. 15-1-106, as added by 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 2, p. 319.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT
Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
Section 15-1-101 - SHORT TITLE.
Section 15-1-102 - PURPOSES — RULE OF CONSTRUCTION.
Section 15-1-103 - SUPPLEMENTARY GENERAL PRINCIPLES OF LAW APPLICABLE.
Section 15-1-104 - SEVERABILITY.
Section 15-1-105 - CONSTRUCTION AGAINST IMPLIED REPEAL.
Section 15-1-106 - EFFECT OF FRAUD AND EVASION.
Section 15-1-107 - EVIDENCE AS TO DEATH OR STATUS.
Section 15-1-108 - ACTS BY HOLDER OF GENERAL POWER.
Section 15-1-109 - SATISFACTION OF PECUNIARY DEVISES OR TRANSFERS BY DISTRIBUTION IN KIND.