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Section 22 & recovery proceedings

21 July 2017 / Kathryn Purkis , Kathryn Purkis
Issue: 7755 / Categories: Features , Wills & Probate
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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
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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