Succession Act 1965 section 123

Personal representative not a trustee under the Statute of Limitations, 1957

Section 123 clarifies that a personal representative is not to be treated as a trustee for the purposes of limitation periods simply because the estate's assets have devolved upon them.

• A personal representative (executor or administrator) is not automatically classified as a trustee under the Statute of Limitations 1957.
• This distinction matters because different — and generally longer — limitation periods apply to claims against trustees.
• The mere fact that real and personal estate devolves on the personal representative (under section 10 of the Succession Act 1965) does not convert them into a trustee for limitation purposes.
• This provision replaced an earlier equivalent rule that had been contained in the Statute of Limitations 1957 itself.