Solicitors Qualifying Examination (SQE) Practice Exa\

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What is the limitation period for bringing a claim for breach of trust?

  1. 3 years from the incident

  2. 6 years from the beneficiary attaining adulthood

  3. 6 years from the life tenant's death

  4. 10 years from discovering the breach

The correct answer is: 6 years from the life tenant's death

The limitation period for bringing a claim for breach of trust is generally 6 years from the date of the breach, but it is important to understand how it applies in the context of different scenarios. The response chosen, which indicates a limitation period of 6 years from the life tenant's death, may reflect a specific situation where the breach of trust involves the rights of a life tenant and their beneficiaries. Typically, for trust claims, the clock starts running when the breach occurs. However, if a life tenant has passed away and their rights are thus extinguished, a beneficiary may have the right to claim from the estate or assert claims regarding the trust, potentially starting the limitation period for any claim at that point. The other choices do have some context in limitation periods related to trusts or general claims but do not accurately encompass the understanding of breach of trust in relation to life tenancies, making the chosen response more suitable in a specific context.