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21 July 2017 / Kathryn Purkis , Kathryn Purkis
Issue: 7755 / Categories: Features , Wills & Probate
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Section 22 & recovery proceedings

Kathryn Purkis analyses the limitation periods applicable to claims brought by personal representatives

  • On a proper view, s 22 of the Limitation Act 1980 cannot be used to argue that personal representatives have a special 12-year limitation period within which to sue for mistaken overpayments.

An executrix, Hanna, believes she is dealing with a very large estate, with complex assets. A deserving close family member and residual beneficiary, Peter, asks early on in the administration for a distribution of a sum that appears to the executrix to be a small proportion of his ultimate entitlement under the will. The distribution is readily made out of cash. After a while, however, it begins to become apparent to Hanna that all is not well with the testator’s investments: they include a going concern which carries significant liabilities. Worse, there are some very large specific legacies, the payment of which will take priority over any entitlement to residue. Her heart begins to sink. She writes a warning letter to Peter indicating she may need

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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