Limitation question.

AnnaStezia

What is the Irish limitation period for actions against the estate of a deceased person ?

Procrastastudy

Here's section 45 of the Statute of Limtation 1957 but there are a fair few other factors to consider. Anymore detail?
45.—(1) Subject to section 46 of this Act, no action in respect of any claim to the personal estate of a deceased person or to any share or interest in such estate, whether under a will or on intestacy, shall be brought after the expiration of twelve years from the date when the right to receive the share or interest accrued.
(2) Subject to section 46 of this Act, no action to recover arrears of interest in respect of any legacy or damages in respect of such arrears shall be brought after the expiration of six years from the date on which the interest became due.

AnnaStezia

GCDLawstudent wrote: »

Anymore detail?

Action based on debt under contract.

benway

Pursuant to Section 9 (2) of the Civil Liability Act 1961, no proceedings are maintainable in respect of any cause of action whatsoever which has survived against the estate of a deceased person unless either:

(a) Proceedings against the deceased in respect of that cause of action were commenced within the relevant period, and were pending at the date of his death, or

(b) Proceedings are commenced in respect of that cause of action within the relevant period or within the period of two years after his death, whichever period first expires.

Accordingly, claims surviving against the estate of a deceased person must be brought within two years of the death of the deceased.

suemartin

2 years