Q&As

In a clinical negligence claim where the claimant has died intestate, must a grant of administration be obtained by the deceased’s personal representatives prior to instructing solicitors to investigate a potential claim and settling a claim or is it only necessary before court proceedings are issued?

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Produced in partnership with Adam Draper of Shoosmiths
Published on LexisPSL on 27/01/2020

The following Wills & Probate Q&A Produced in partnership with Adam Draper of Shoosmiths provides comprehensive and up to date legal information covering:

  • In a clinical negligence claim where the claimant has died intestate, must a grant of administration be obtained by the deceased’s personal representatives prior to instructing solicitors to investigate a potential claim and settling a claim or is it only necessary before court proceedings are issued?

An executor derives their title to sue from the Will and so can validly sue before obtaining a grant of probate. An administrator derives their title to sue solely from the grant of administration'>letters of administration (see Chetty v Chetty.

In Millburn Snell v Evans, the children of the deceased who had died intestate issued court proceedings. The children (who had standing to obtain the grant) had not taken out a grant of letters of administration. The claim was struck out on the basis that the children did not have title to sue. The Court of Appeal accepted that the title to sue could not be corrected by obtaining a grant of letters

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