Section 49 of the Succession Act 1965 offers protection to the personal representatives of the deceased's estate.
By issuing a Statutory Notice to Creditors in the format laid down in the act, the personal representatives can distribute the assets of the deceased amongst those entitled to receive them ,taking into account such legitimate claims as have been made within the time period stated in the notice.
The personal representatives will not be held liable to any person for the assets distributed unless at the time of making the distribution they had notice of that person's claim.
If you are a personal representative it is vital therefore that you issue the correct notice at the right time and in the format laid down by the act.
The protection is afforded to the personal representatives. There is nothing in the section to prevent a claimant from pursuing a claim against the asset in the hands of the beneficiary who received it, subject to applicable time limits.
For peace of mind and to ensure that the full protection of the statute is available you should seek the advice of an experienced solicitor.Our solicitors can offer you the peace of mind that comes from knowing that your case is being processed by experienced bonded professionals.
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