The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:
During the lifetime of the testator they will enter in obligations in respect of contracts, covenants, debts, duties etc. Generally these obligations will subsist after their death and while their personal representative (PR) will not be a party to those matters, those obligations can remain enforceable against the estate in the hands of the PR. It is as well that PRs understand and check for their potential liabilities to avoid litigation (Hambly v Trott (1776) 1 Cowp 371).
The effect of this survival of obligations depends on the form of obligations involved.
The general rule is that the death of one of the parties to a contract does not discharge the contract. Where the contract is of a personal nature, the general rule does not apply. This is predicated on the assumption that there has been no breach of that contract prior to death.
Where, however, there is already a subsisting right of action for breach of contract, the death of either party disapplies the rule.
The effect of the general rule can be illustrated as follows:
an agreement between an employer and employee is determined by the death of either
an artistic agreement is terminated by the death of the author or artist
Even though the contract may be ended, the entitlement to any unpaid and due remuneration earned by the
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234