When someone passes away, a medical negligence claim can be brought on behalf of their Estate.

Who is entitled to bring that claim will depend on whether the Deceased person left a Will.

If a person has left a Will, they will have appointed Executors within the Will to act on behalf of their Estate in the event of their death. Those who are named as an Executor will therefore be entitled to bring a legal claim on behalf of the Estate. The Executors will need to obtain Grant of Probate in the Estate to give them formal legal standing to deal with the Estate.

If there was no Will, then the rules of Intestacy will apply, meaning that the nearest relative (usually spouse, parents, siblings and/or children) will be entitled to apply for a formal legal document known as Grant of Letters of Administration which will give them legal standing to act on behalf of the Estate of the Deceased.

At Nelsons, we have a specialist Wills, Trusts and Probate team who will assist us to obtain the appropriate documents to enable a person to act on behalf of someone who has passed away.