Section 16. (a) Except as provided in subsection (c), unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty shall be barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee:
(1) who has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within two years after receipt of the final account or statement; or
(2) who has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within three years after the termination of the custodial trust.
(b) Except as provided in subsection (c), a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust, shall be barred unless an action or proceeding to assert the claim is commenced within five years after the termination of the custodial trust.
(c) A claim for relief shall not be barred by this section if the claimant:
(1) is a minor, until the earlier of two years after the claimant becomes an adult or dies;
(2) is an incapacitated adult, until the earliest of two years after (i) the appointment of a conservator, (ii) the removal of the incapacity, or (iii) the death of the claimant; or
(3) was an adult, now deceased, who was not incapacitated, until two years after the claimant's death.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Chapter 203b - Uniform Custodial Trust Act
Section 2 - Creation; Termination; Augmentation of Trust Property; Designation of Successor Trustee
Section 3 - Designation as Substitute or Successor Custodial Trustees
Section 4 - Custodial Trustee's Acceptance
Section 5 - Transfer of Trust Property for Use and Benefit of Incapacitated Individual
Section 6 - Multiple Beneficiaries; Right of Survivorship
Section 7 - Vesting Title; Management of Trust Property; Duties
Section 8 - Trustee's Rights and Powers Over Trust Property
Section 9 - Payments to Beneficiaries
Section 10 - Administration of Trust for Incapacitated Beneficiary; Determination of Incapacity
Section 11 - Third Person Dealing With One Purporting to Act as Trustee
Section 12 - Claims Against Trust Property; Trustee, Beneficiary Liability
Section 13 - Trustee Declining to Serve; Resignation; Petition for Removal
Section 15 - Written Statement of Property and Administration; Petition for Accounting
Section 16 - Claims for Relief; Time Limitations
Section 17 - Termination of Trust; Order of Distribution