25. Claim by executor or administrator under the Fatal Accidents Act 1976.

25.     Claim by executor or administrator under the Fatal Accidents Act 1976.

Although the right of action under the Fatal Accidents Act 1976 exists for the benefit of the dependants of the deceased1, the action must be brought by and in the name of the executor or administrator of the deceased2. In bringing such an action an executor or administrator is not representing the estate of the deceased on behalf of creditors or beneficiaries generally, but only on behalf of the dependants entitled to claim; damages recoverable are not part of the estate3. If there is no