Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within five years after the discovery of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.
Source: L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-106.
ANNOTATION
Because this section provides an adequate legal remedy for plaintiff's claim that her son fraudulently induced her into not contesting her husband's will, the statute of limitations in § 15-12-108 is not subject to equitable tolling. In re Estate of Kubby, 929 P.2d 55 (Colo. App. 1996).
In the city and county of Denver, the jurisdiction for a claim of fraud lies only with the probate court and district court properly determined that it lacked jurisdiction in this matter. Pound v. Fletter, 39 P.3d 1241 (Colo. App. 2001).