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Statute of limitations re delay distributing estate

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  • 01-02-2020 1:20am
    #1
    s7ryf3925pivug
    Closed Accounts Posts: 4,007 ✭✭✭


    What is the time limit on taking legal action about an executor not distributing the estate of a parent?
    My understanding is that it is six years - is this correct, or are there different timeframes for different specific actions?


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    #2
    Victor
    Registered Users Posts: 78,308 ✭✭✭✭Victor


    I suspect it would be six years, however not that the time would start from the end of the probate period, which could be up to two years.

    If there was serious fraud involved, there is no limit for a fraud prosecution, but that might not be of use to the beneficiaries.


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    #3
    s7ryf3925pivug
    Closed Accounts Posts: 4,007 ✭✭✭s7ryf3925pivug


    Victor wrote: »
    I suspect it would be six years, however not that the time would start from the end of the probate period, which could be up to two years.

    If there was serious fraud involved, there is no limit for a fraud prosecution, but that might not be of use to the beneficiaries.
    Domestic estate distributed but 30k withheld to cover expenses dealing with foreign estate. Foreign estate value is about double that so the figure seems excessive.

    Deliberate delay applying for probate for foreign estate to take advantage of tax loophole. Tax saved significantly less than upkeep in the meantime. Over three years already.

    Objection made and ignored.

    For all I know the 30k was invested in the property and it is being rented out in the meantime. But realistically it’s probably just sitting there going to ****.

    Had a solicitor on this but sadly he died.

    Would like to make sure I don’t miss a time limit on getting a new one or being able to take legal action.


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    #4
    randomrb
    Registered Users Posts: 351 ✭✭randomrb


    I could be wrong but if there is still a delay then i is s current cause of action so there is no time limit. However just be aware that as any challenge against the estate will result in all the costs coming out of the estate you would probably be shooting yourself in the foot if you claimed.

    Unless the executor has clearly breached theri statutory duty and can be sued personally but that is a very tough standard to reach and you would need a solicitor or barrister to advise


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