Probate Practice Guide by Karl Dowling BL

The Limitation of Actions & Time Limits

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The Limitation of Actions & Time Limits in Probate Practice (& Associated Practical Issues)

ACTIONS FOR BREACH OF TRUST

Section 43 of the Statute of Limitations 1957 provides that:

An action to recover money or other property or in respect of any breach of trust, not being an action for which a period of limitation is fixed by any other provision of this Act, shall not be brought against a trustee or any person claiming through him after the expiration of six years from the date on which the right of action accrued.

 

Therefore, an action for breach of trust must be brought against a trustee within six years from the date of accrual. This six-year limitation period does not apply in circumstances:

(i) Where the claim is based upon fraudulent breach of trust or that the trustee has wrongfully retained or converted trust property.

(ii) Where the claim is to recover trust property (or the proceeds) which is still retained by the trustee.

It is important to note that section 123 of the Succession Act 1965 provides that a personal representative in the capacity of a personal representative is not a trustee for the purposes of the Statute of Limitations 1957.

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By | 2017-03-04T20:04:44+00:00 November 9th, 2016|Papers, Probate|0 Comments

About the Author:

Karl Dowling is a Barrister at Bar of Ireland & Bar of England and Wales. He is editor of the Irish Probate Journal and Committee member of the Society of Trust and Estate Practitioners (STEP) Ireland and coordinator of the Law Society's Certificate & Diploma in Trust and Estate Planning.