The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 14A V.S.A. § 604)
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§ 604. Limitation on action contesting validity of revocable trust; distribution of trust
property
(a) A person may commence a judicial proceeding to contest the validity of a trust that
was revocable immediately before the settlor’s death within the earlier of:
(1) three years after the settlor’s death; or
(2) four months after the trustee sent the person a copy of the trust instrument and a
notice informing the person of the trust’s existence, of the trustee’s name and address,
and of the time allowed for commencing a proceeding.
(b) Upon the death of the settlor of a trust that was revocable immediately before the
settlor’s death, the trustee may proceed to distribute the trust property in accordance
with the terms of the trust. The trustee is not subject to liability for doing so
unless:
(1) the trustee has actual knowledge of a pending judicial proceeding contesting the validity
of the trust; or
(2) a potential contestant has notified the trustee in writing of a possible judicial
proceeding to contest the trust, and a judicial proceeding is commenced within 60
days after the contestant sent the notification.
(c) A beneficiary of a trust that is determined to have been invalid in whole or in part
is liable to return any distribution received to the extent that the invalidity applies
to the distribution. (Added 2009, No. 20, § 1.)