New Jersey § 3b:31-74
Full text of New Jersey New Jersey Statutes § 3b:31-74, with citation guidance and answers to common questions.
§ 3b:31-74.
Limitation of Action Against Trustee. a. A beneficiary may not commence a proceeding against a trustee for breach of trust
more than six months 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. of this section does not apply, a judicial proceeding by a beneficiary
against a trustee for breach of trust may be commenced only within five 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. Notwithstanding the foregoing, this subsection shall not operate to bar any proceeding
by a beneficiary until five years after such beneficiary: (a) has attained majority;
(b) has knowledge of the existence of the trust; and (c) has knowledge that such
beneficiary is or was a beneficiary of the trust. d. For purposes of subsection a. of this section, a beneficiary is deemed to have
been sent a report if: (1) in the case of a beneficiary having capacity, it is sent to the beneficiary;
or (2) in the case of a beneficiary who under article 2 of this act 1 may be represented and bound by another person, if it is received by his representative. e. This section does not preclude an action to recover for fraud or misrepresentation
related to the report. 1
See N.J.S.A. § 3B:31-13 et seq.
Frequently Asked Questions About New Jersey § 3b:31-74
What does New Jersey Statutes § 3b:31-74 cover?
Section 3b:31-74 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 3b:31-74?
A common citation format is "New Jersey Statutes § 3b:31-74" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 3b:31-74 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.