Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: February 5, 2014
The Firm
201-896-4100 info@sh-law.comIt is difficult to ascertain when a claim against a trustee arises because the act giving rise to the claim may not be disclosed to the beneficiary. Therein lies the tension between the common law traditions of statute of repose (limitations) and the Doctrine of Laches (“Laches”).
Laches attempts to impose a standard that recognizes a reasonable balance of the interests of the two sides. The beneficiary may not be aware of he trustee’s breach of duty for many years after the event so it is unfair to impose a deadline measured from the date of the breach. It is also unfair that a trustee face potential liability forever. Laches attempts to balance the competing interests by requiring the beneficiary to bring an action within a reasonable time of learning of the event of breach giving rise to the claim.
When does a beneficiary learn of the breach and gain sufficient knowledge of the law to know he or she has a claim against the trustee? This intensely factual inquiry consumes considerable resources before the alleged breach of duty is analyzed and debated.
The Uniform Trust Code (UTC) attempts to provide a greater measure of certainty in this murky area with a bright-line five (5) year statute of repose (limitations). The UTC calls for a trust beneficiary to bring an action against a trustee for breach of trust within five (5) years of: (1) removal, resignation of death of trustee; (2) termination of the beneficiary’s interest; (3) termination of the trust.
Two issues arise from the UTC’s five-year rule. First, a trustee that fails to report to the beneficiaries or adequately disclose sufficient information may not be able to avail itself of the rule. Some view this as encouraging a trustee not to disclose. Others believe the requiring the trustee to report annually is sufficient. Second, it is unclear what state law exceptions apply to the five year rule of the UTC.
We expect that three (3) exceptions toll the UTC’s five (5) year rule. Fraud is one exception, however, is not a specified exception in the UTC. Unjust enrichment may or may not toll the statute from running. Finally, trust reformation may avoid the five-year rule.
What happens when an attorney represents a trustee who has breached a duty? Does the attorney protect the trustee as an individual or as a fiduciary? Would the trustee have the benefit of the five-year statute yet the trustee’s agent and attorneys might not? So far, it appears the UTC does not cover attorneys. Is the imputation of knowledge of an agent to the trustee enough to overcome the five-year rule and snare the trustee?
At times, it is difficult to draw a bright line through equity’s maze of duty and doctrines.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Author: Sean M. Pena

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Author: Donald M. Pepe

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
Author: Chris Seelinger
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!