What happens when a Claimant dies?

If a Claimant dies prior to their claim being issued at court or concluded, that does not prevent the claim from being pursued further.

Whether the Claimant left a valid Will or dies intestate (without a valid Will), an application would need to be made for probate, where a named ‘executor’ or ‘administrator of the estate’ manages the claimants estate.

The costs involved in obtaining a grant of probate or letters of administration can vary, therefore it is always worth the executors or administrators of the Claimant’s estate considering whether any compensation obtained (if the claim is successful) would outweigh the cost of obtaining the grant of probate or letters of administration.

The Claimant will have entered into a retainer (also known as a fee agreement), with their solicitors, which sets out the terms and conditions for the solicitors to act on behalf of the Claimant and the Claimant’s obligations under the retainer. Once probate has been obtained, under normal circumstances the executors or the administrators of the estate would enter into a new retainer with the Claimant’s solicitors to continue to pursue the claim.

Any compensation obtained by the Solicitors would be distributed in accordance with the Claimant’s Will.  If the Claimant dies without leaving a Will, the compensation would be distributed in accordance with the intestacy rules, which under normal circumstances would distribute the compensation to the Claimant’s spouse or their children.