PART VI: Administration of Assets
Latest update: 2010-Feb-16
SWEET & MAXWELL
© Sweet & Maxwell Ltd.
All rights reserved.

web site powered by Nasstar
© Nasstar Ltd
Chapter 32: Remedies
32-19

ADD NEW PARAGRAPH

32-19 (c) Limitation. The claim is liable to be defeated by the Limitation Act 1980.  [ibid. at 507-516; affirmed [1951] A.C. 251 at 276, 277.]  Where the claimant is a beneficiary under the will or intestacy of the deceased, he will be barred 12 years after his right to receive his share or interest accrued, i.e. normally one year from the death.  [See above, para. 30-01 and Limitation Act 1980, s.22.] A creditor, on the other hand, must bring his action within six years from the accrual of his cause of action, or 12 years if he is a specialty or judgment creditor.  [Limitation Act 1980, ss.5, 8, 24.]