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GAZETTE
SEPTEMBER 1984
Practice Note
Statute of Limitations —
Deceased owner — Recovery of Land
A member of the Society raised with the Conveyancing
Committee the difficulty which arises in relation to the
operation of the Statutes of Limitation in respect of land
forming part of the estate of a deceased following the
judgment of Mr. Justice McMahon in the case
of John
Drohan-v- Mary Drohan
given on the 31st July 1980. In his
judgment Mr. Justice McMahon held that a personal
representative of a deceased was entitled to recover
property for the benefit of the estate of the deceased at any
time within a period of twelve years from the date on
which the right of action accrued, i.e., when adverse
possession was taken of the property.
The difficulty arises if the personal representative
recovers the property after the expiration of 6 years from
the date of death of the deceased. Section 45 (1) of the
Statute of Limitations 1957, as amended by Section 126of
the Succession Act 1965, provides that no action in
respect of any claim to the estate of the deceased person
shall be brought after the expiration of 6 years from the
date of the right to receive the share or interest accrued.
The date on which the right to receive the share or interest
accrued is the date of death. Accordingly under the
provisions of Section 45 it would appear that the rights of
the beneficiaries to a share in the estate are statute barred
after the expiration of 6 years from the date of death. On
the face of the legislation it would appear that if the
personal representative recovers the property of the
deceased from some third party, say a Solicitor, after the
expiration of 6 years from the date of death he would be
personally entitled to the recovered property but this
hardly seems in accordance with the general principles of
law in relation to a personal representative namely that a
personal representative's duty is to administer the estate
for the benefit of the beneficiaries.
The Conveyancing Committee has sought the advice of
Senior Counsel who has advised that the questions raised
are extremely difficult and can really only be determined
by the Courts. The Committee would be interested in
hearing from any Solicitors who may be involved in cases
in which property has been recovered by a personal
representative after the 6 year period and where claims are
being pressed by beneficiaries.
•
For Your Diary . . .
1 November, 1984. Irish Society for Labour Law.
"Aspects of the Incorporation of European Social
Legislation into Irish Law". (Speaker: Mr. Peter
Sutherland, Attorney General). Room 2037, Usher
Theatre, Arts Block, Trinity College, Dublin. 5.45
p.m.
1 November 1984. Trinity College Law School: Law and
Social Policy. "Protecting the Environment: the role of
the Law and the rights of the individual". (Speaker:
Dr. Yvonne Scanned). Ernest Walton Lecture Theatre,
Arts Building, Trinity College. 5.30 p.m.
1 November, 1984. Continuing Legal Education Seminar.
Labour Law. (repeat) Blackhall Place. 10-5 p.m.
Details from G. Pearse, Tel. 710711.
7 November, 1984. Irish Society for Labour Law. "Should
there be a right to Strike in Essential Services".
(Speaker: Lord McCarthy, Nuffield College, Oxford).
Room 2041, Jonathan Swift Theatre, Arts Block,
Trinity College, Dublin. 5.45 p.m.
8 November, 1984. Trinity College Law School: Law and
Social Policy. "Protecting the Consumer: Time to take
Stock." (Speaker: Mr. Alex Schuster). Ernest Walton
Theatre, Arts Building, Trinity College,. 5.30 p.m.
15 November, 1984. Trinity College Law School: Law and
Social Policy. "Police and People". (Speaker:
Professor Mary McAleese). Ernest Walton Lecture
Theatre, Arts Building, Trinity College. 5.30 p.m.
16 November, 1984. Law Society Annual Dinner Dance.
Blackhall Place, Dublin 7. Tickets £18.00.
19 November, 1984. Continuing Legal Education Seminar.
Compulsory Acquisition. Ryan Hotel, Galway. 10-5
p.m. Details from G. Pearse, Tel. 710711.
22 November, 1984. Trinity College Law School: Law and
Social Policy. "The Protection of Minorities in Ireland:
The Role of National and International Law".
(Speaker: Mr. Kadar Asmal). Ernest Walton Lecture
Theatre, Arts Building, Trinity College. 5.30 p.m.
28 November, 1984. Medico-Legal Society of Ireland.
"Whither the Criminal Law?" (Speaker: His Honour
Judge Frank Martin, Judge of the Circuit Court).
United Service Club, St. Stephen's Green, Dublin 2.
8.15 p.m.
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