Q&As

What happens to a claimant’s claim, or standing to bring legal proceedings, when they die before the proceedings have been concluded, or brought?

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Published on LexisPSL on 22/03/2018

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • What happens to a claimant’s claim, or standing to bring legal proceedings, when they die before the proceedings have been concluded, or brought?

What happens to a claimant’s claim, or standing to bring legal proceedings, when they die before the proceedings have been concluded, or brought?

A potential claim does not generally become extinguished by the death of the prospective claimant, it is open for it to be brought, or continued, by the personal representative(s) on behalf of the estate. While there are some specific claims that cannot be pursued after death, the majority of claims will be able to be brought thereafter.

See Practice Note: Definition of a personal representative for an explanation of a personal representative and their role (contained within: Personal representatives—overview).

As set out in Commentary: Pursuing litigation: Tolley's Administration of Estates [D8.23]:

‘The personal representatives may need to take over litigation commenced by the deceased prior to death. Normally this would be contractual or tortious in nature. Section 1 of the

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