Q: Is there a statute of limitations on fraud upon the court in probate?
1979 filing wherein minors were by affidavit of Trustee of Will to be above 21 and no guardian was hired during pendency of probate case.
A: In actions based on fraud that would otherwise be barred by the statute, the claim is not considered as having accrued until the aggrieved party discovers the fraud, after which he has two years in which to commence his action. [Ala. Code §6-2-3]
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