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Executor fails in their duty

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  • Executor fails in their duty

    Can someone advise please?

    If an Executor hasn't complied with the terms of a Will correctly, and a beneficiary has received less than they should, is there a time limit in which the beneficiary can challenge it?
    Tags: None

  • #2
    If you are making a claim against the executor for breach of trust for failing to distribute the deceased’s Estate correctly, the time limit is 6 years from the breach of trust.(except in cases of fraud)
    If you are making a claim to a share of the estate the time limit is 12 years from the time your right to the share accrued
    cf Sec 21 & 22 of the Limitation Act (1980)

    Comment


    • #3
      It's the first scenario. Thank you.

      Comment

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