Who can legally continue to deal with the personal injury claim previously brought by the deceased?
s.15 Trustee Act 1925 allows personal represenatives of the deceased’s estate to accept and settle claims either for the benefit of the deceased’s estate or a claim on behalf of the dependents of the deceased pursuant to the Fatal Accidents Act 1976. These claims can be brought together.
If the deceased made a will the executors of that will can represent the estate of the deceased and pursue the claim.
If the deceased did not make a will so died intestate, the nearest relative will be entitled to act as administrator of the estate and apply for a grant of letters of administration. If this is not black and white it I best to speak to your legal representative for advice.
A party taking on a claim on behalf of the deceased must act in the estate’s best interest.
A claim on behalf of the deceased’s estate relates to recovering some of the losses that the deceased could have claimed had they survived.
A claim on behalf of a dependent relates to a claim on behalf of someone who has been disadvantaged in some way by the death of a deceased whether financially or in terms of loss of care/services etc.
Either the personal representative or the nearest relative will be responsible for making the claim and the compensation awarded should usually be distributed according to the will, or where this is no will, according to the intestacy provisions set out in s.46 Administration of Estates Act 1925.