Iowa Code § 633A.3108
Limitation on contest of revocable trust
Redline — January 1, 2012 → current.View current text →
Current — January 1, 2017
As of January 1, 2012
Unless notice is given as provided in section 633A.3109, the following provisions shall apply:
Unless previously barred by adjudication, consent, or other limitation, if notice is published or given as provided in section 633A.3110 within one year of the settlor’s death, a proceeding to contest the validity of a revocable trust must be brought within the period specified in that notice. If notice is not published or given within that period, a proceeding to contest the validity of a trust must be brought no later than one year following the death of the settlor.
2. Unless the trustee is a party to a pending proceeding contesting its validity, on or after the date six months following the death of the settlor, the trustee of a revocable trust may assume the trust’s validity and proceed to distribute the trust property in accordance with the terms of the trust, without liability for so doing. Liability for an improper distribution in such a case is solely on the beneficiaries.
99 Acts, ch 125, §32, 109; 2000 Acts, ch 1150, §17
99 Acts, ch 125, §32, 109; 2000 Acts, ch 1150, §17
C2001, §633.3108
C2001, §633.3108
CS2005, §633A.3108
CS2005, §633A.3108
2008 amendments to subsection 2 apply to trusts in existence on or after July 1, 2008; 2008 Acts, ch 1119, §39
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.