Can I make a claim on behalf of someone who has passed away?
In some cases of accidents or clinical negligence, the person involved may pass away prior to a claim being brought or during a claim. The claim can still be pursued, however, only the person with the correct “standing” can start or continue with, the claim.
Where the deceased has made a will, the will would appoint one or more executors, also known as a personal representative. Anyone of those executors / personal representatives can bring and/or continue with the claim. However, a Grant or Probate must be applied for.
Under s.15 Trustee Act 1925 the personal representatives of the deceased’s estate can bring and/or continue with and settle claims on behalf of the estate. The personal representative will then be responsible for making/continuing the claim and the compensation awarded will need to be distributed according to the will.
Where the deceased has not left a will, the next of kin can apply for Letters of Administration, in accordance to the intestacy provisions set out in s.46 Administration of Estates Act 1925.
In this situation, the administrator of the estate is responsible for making the claim.
Without either of the above a claim cannot be pursued and/or continued and Courts have struck out claims where there is no evidence of a valid Grant of Probate or Letters of Administration.
Grants of Probate and/or Letters of Administration can take up to 20 weeks or more to be dealt with by the Probate Office and it is important to keep this in mind when considering the limitation periods for bringing claims for personal injury and clinical negligence, being 3yrs from the date of the negligence and/or date of knowledge.
Costs
Grant of Probate – Fixed fee of £750 + VAT for estates up to a value of £750,000. Anything over that will be quoted on a case-by-case basis in accordance with our hourly rates.
Letters of Administration – fixed fee of £750 + VAT for estates up to a value of £750,000. Anything over that will be quoted on a case-by-case basis in accordance with our hourly rates.
In addition to the above, there is a Court fee of £273 if the estate value exceeds £5,000 or £0 if below £5,000.