HARRIS TRUST BANK OF AZ v. Superior Court

OPINION

TOCI, Presiding Judge.

Harris Trust Bank of Arizona (“Harris Trust”) petitions for special action relief from the trial court’s ruling precluding it from raising the statute of limitations defense at trial. On motion, the trial court struck the defense, concluding that a trustee cannot assert the statute of limitations defense against a beneficiary while the trust is in existence. We hold that the trustee is not precluded from raising the statute of limitations as a defense to a beneficiary’s claim for damages for breach of trust. Accordingly, we grant relief by vacating the order…