Statute of Limitations 1957

Limitation of actions to recover personal estate of deceased persons.

45

45. F19 [ (1) Subject to section 71, no action in respect of any claim to the estate of a deceased person or to any share or interest in such estate, whether under a will, on intestacy or under section 111 F20 [ or section 111A ] of the Succession Act, 1965, shall be brought after the expiration of six years from the date when the right to receive the share or interest accrued.

(2) 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 three years from the date on which the interest became due. ]

Annotations:

Amendments:

F19

Substituted (1.01.1967) by Succession Act 1965 (27/1965), s. 126, S.I. No. 168 of 1966, subject to transitional provision in s. 9. (27/1965, s. 8 and sch. 2 part 4 repeal the original s. 45).

F20

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 89, S.I. No. 648 of 2010.