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FAMILY RELATIONSHIPS ACT 1975 - SECT 12

FAMILY RELATIONSHIPS ACT 1975 - SECT 12

12—Protection of administrators etc

        (1)         Where a person has an interest in property by reason of a relationship recognised under the law of this State by virtue of this Act—

            (a)         no action shall lie against an administrator or trustee of the property by virtue of any distribution of, or dealing with, the property made without actual notice of the relationship; and

            (b)         where any person has taken a beneficial interest in the property, his interest shall be undisturbed unless he took the interest with prior actual notice of the relationship.

        (2)         Where a person claims an interest in property by reason of a relationship that would be recognised under the law of this State if it were adjudged, in pursuance of the provisions of this Act, to exist, or to have existed, an administrator or trustee of the property may by notice in writing require that person to take proceedings under this Act seeking the appropriate declaration, and if that person fails to commence such proceedings within three months after being served personally or by post with that notice, then—

            (a)         no action shall lie against the administrator or trustee of the property by reason of any distribution of, or dealing with, the property made on the assumption that the relationship does not exist; and

            (b)         where any person has taken a beneficial interest in the property, his interest shall be undisturbed.