Chain Of Representation And The Right To Continue A Claim

In legal proceedings, especially in personal injury, clinical negligence, or probate claims, there are unfortunate instances where a party passes away before the matter is resolved. In such cases, the legal system must determine who has the right to step into that person’s shoes and continue the claim. This is where the concepts of the chain of representation and the right to continue a claim become critically important.

What is the chain of representation?

The chain of representation refers to the legal authority passed down through executors or administrators of a deceased person’s estate. When someone dies, their estate needs to be administered, which includes dealing with their property, debts, and—if applicable—any ongoing legal claims.

This chain begins with the person named in the Will (the executor). If there is no Will, then an administrator is appointed by the Court. These individuals have the legal authority to represent the estate, and through them, any legal claims the deceased had can still be pursued.

The legal basis: Law Reform (Miscellaneous Provisions) Act 1934

Under the Law Reform (Miscellaneous Provisions) Act 1934, most personal legal claims survive the death of the claimant. That means a claim doesn’t necessarily die with the person—it can be continued by their estate.

However, the claim must be brought by someone who has a legal right to represent the estate, and that is where the chain of representation is crucial. Without it, the claim has no standing in Court.

Who can continue the claim?

Only someone who has obtained a grant of probate (for executors) or letters of administration (for administrators) can legally act on behalf of the deceased’s estate. In practical terms:

It’s important to note that until the grant is obtained, the person has no authority to act in relation to the legal claim. This can sometimes cause delays if there are disputes about the Will or who should act.

Timing matters

Limitation periods also need to be considered; if the deceased passed away during the limitation period, the clock is suspended until a legal representative is appointed. But once the grant is obtained, the time resumes ticking.

Challenges in the chain

Sometimes the chain of representation breaks—perhaps the executor dies or renounces their role before taking action. In these cases, the Court can appoint a replacement to maintain the chain. It’s essential that at least one person is always legally empowered to act on behalf of the estate to keep the claim alive.

Final thoughts

Legal claims don’t automatically vanish upon someone’s death. But continuing them requires careful attention to legal representation, timing, and procedure. Understanding the chain of representation is key to ensuring that justice is not derailed by administrative delays or confusion over who has the right to act.

If you are involved in a claim where a party has died—or you are managing the estate of someone who had a pending case—it’s crucial to seek legal advice promptly. The right guidance can ensure that valid claims are preserved and brought to a proper resolution.