Jump to Content Jump to Main Navigation

Contents

Equity and the Law of Trusts in the Republic of Ireland

Actions against the Personal Representative

In Chapter 31: Remedies

Equity and the Law of Trusts in the Republic of Ireland

Author:
Ronan Keane
Publisher:
Bloomsbury Professional
Edition:
Second edition
Publication Date:
2011
Law As Stated At:
1 September 2011
[31.06] A creditor may always bring an action against the personal representative to recover his debt. A legatee, however, cannot claim his legacy in such an action until the personal representative has assented to the legacy. (He can, of course, bring an administration action after the expiration of the executor’s year.) A person entitled to a share of the residue or on an intestacy can only proceed by way of an administration action. There are a number of possible defences to such an action against the personal representative. He may plead that he has fully administered the assets and has none left to meet the claim, the plea known as plene administravit (or plene administravit praeter where there are assets left but they have been earmarked to meet a particular claim). Or he ...
Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.