In common with any other form of litigation, actions taken over probate must comply with the Statute of Limitation 1957. Probate claims must be taken within 12 years to recover land or personal estate, from the date of death of the deceased. For claims against a deceased personal estate, claims must be taken within six years. For children (under section 117), claims must be taken with six months of the grant of probate.
A recent High Court decision has clarified when time begins to run for probate claims under Section 45 of the Statute of Limitations Act 1957. In Doyle v Doyle & Goodwin Doyle [2026] IEHC 285, the Court considered whether a beneficiary’s claim was out of time. While the defendants argued that the six-year limitation period ran from the deceased’s date of death, the Court found that the key issue was when the beneficiary’s “right to receive” the inheritance actually accrued.
Recognising that executors must be given reasonable time to administer an estate, the Court held that the plaintiff’s claim was not statute-barred and could proceed.
The case highlights the importance of understanding limitation periods in probate disputes and that time may not always begin to run from the date of death.
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