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cmcsolicitor
cmcsolicitor, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 157
Experience:  and Mediator practicing in Cork, Ireland.
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My husband is recently deceased and his family are trying to

Customer Question

My husband is recently deceased and his family are trying to make a claim on his estate.
his will left me as sole executor and sole benificiary. we have no children. can his siblings lodge a claim against him on the grounds of rape/paedophaelia grounds for which i have no knowledge
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  cmcsolicitor replied 3 years ago.

cmcsolicitor :

Section 9 of the Civil Liability Act 1961 provides that proceedings may be commenced

cmcsolicitor :

Section 9 of the Civil Liability Act 1961 provides that proceedings may be commenced against the estate of a deceased person within two years of the date of death if that is still within the period otherwise allowable. One normally has six years within which to take a personal injuries action against a person - I imagine that the action that is being taken is a personal injuries action. However that six years can be extended (ie the defence that the action is out of time may not accepted by the court) for various reasons. In short then, the estate (and you as executor) will have to Defend the action.

JACUSTOMER-ugd0cbm8- :

yhe injuries/actions alledged if they actually took place would have happened 40 to 50 years ago neare 50years. iwould only have been a child oapprox 4years of age at the time and did not know late husband or his family. does this have any further bearing on your answer

cmcsolicitor :

Your own age at the time will not have any bearing on the matter - you will have to defend the claim as the holder of the office of executor in the estate. However, the fact that all of this happened so very long ago will provide a very strong defense. I think it very likely indeed that the action will be considered to have been statute barred (ie, started too late), particularly in light of the fact that the respondent is deceased. You will have to respond to the claim, however, in order to defend it.

cmcsolicitor :

I hope that this answers your question and if it does please rate my answer positively so that I will be paid. Thanks.