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 to seek recovery from him, but he ignores it and
