Succession Act 1965 section 126

Actions in respect of estates of deceased persons

Section 126 sets out the time limits within which legal actions relating to claims against the estate of a deceased person must be brought.

  • Any claim to a deceased person's estate, or to a share or interest in it, must be brought within six years from the date the right to receive that share or interest arose.
  • This six-year limit applies whether the claim arises under a will, on intestacy, or under the legal right of a surviving spouse or civil partner.
  • This represented a reduction from the previous twelve-year limitation period that had applied to such claims.
  • A separate, shorter time limit of three years applies to actions to recover arrears of interest on a legacy, or damages in respect of such arrears, running from the date the interest became due.

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