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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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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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