Home > Legal Articles > Where a claimant dies while proceedings are ongoing, are his executors obliged to proceed with his claim?

Topic: Executors


  • Elizabeth Ince - Wills and Probate
    Where a claimant dies while proceedings are ongoing, are his executors obliged to proceed with his claim?
    by

    If a claimant dies whilst proceedings are ongoing, would his executors be obliged to carry on his claim? Would they be under an obligation to maximise the estate?  There is a general rule that a deceased’s personal representatives (PRs) step into the deceased’s shoes in relation to contracts entered into by that individual and claims made… Learn more

  • Leanne Hathaway - Tax and Trusts
    Don’t forget your pets
    by

    Edward Hands & Lewis supports the Dog’s Trust as one of our charities.  But animals are often overlooked when making a Will. When making a Will you decide who will be your executors, who will receive your assets and who will look after your children if you should die. Although many families have pets (dogs… Learn more

  • Emma Fuller - Wills, Probate and LPA
    Executors and online banking.
    by

      It is important when someone dies that the Executor is able to access all information regarding all assets the deceased has. The Executor has to obtain values of all assets as quickly as possible to establish whether there is any inheritance tax to pay and to establish whether details of any gifts of money… Learn more

  • Emma Fuller - Wills, Probate and LPA
    Probate and Dealing with Debt
    by

    The recent case of Petterson v Ross 2013 Chancery Division was a reported case on the Legal Rules relating to debts.  Normally any settlement of debts are dealt with by agreement since the costs of any application to Court would reduce the funds available to the beneficiaries, which means that case guidance is relatively scarce…. Learn more

  • Emma Fuller - Wills, Probate and LPA
    Government hands back £520,000 left to ‘them’ in a Will
    by

    People typically leave their cash to relatives, or in some cases to friends, donkey sanctuaries or their cat.  But this week a £520,000 legacy left to “whichever Government is in office” prompted confusion over what was meant. The Executors had taken this to mean that the money should be paid to those in Government (namely… Learn more

  • Paul Stubbs - Litigation
    Probate: What is a Caveat?
    by

    A Caveat is a way to stop a grant of probate being issued or at least from being issued without your knowledge. If someone wants to dispute a will, or is perhaps thinking that they may want to challenge a will, then a Caveat can be applied for.  It usually follows an application for probate… Learn more

  • Emma Fuller - Wills, Probate and LPA
    What to consider when making a Will
    by

      When making a Will you will need to consider the following   What assets do you have? Are they in your sole name or jointly owned. Assets include everything you own or have an interest in, for example your home, share, insurance  policies, pensions and savings What does you estate amount to in value?… Learn more

  • Leanne Hathaway - Tax and Trusts
    Inheritance Tax: Restrictions on offsetting debts
    by

    There was no consultation on this, but one announcement tucked away amongst the HMRC papers was a seemingly minor overview as to how certain debts will no longer be deductible for inheritance tax purposes after the Finance Bill receives Royal Assent. Per HMRC: “Legislation will be introduced in Finance Bill 2013 to amend the inheritance… Learn more


Map and pin icon
Sign up to our newsletter