Best of the Transparent Hummingbird
supposing you were in an accident and your
your next of kin could
but if you were to die before the action was completed substitution order and the executor, whose powers derive from your will and whose exectuoriship takes effect will immediately upon your death assume — conitue the action
problem is that offer would have lapsed in the meantime
supposing you were in an accident and were inadequately insured there would be an enormous burden on your family this is esp if you’re so it makes sense to institute legal proceedings in tort to claim some form of compensation from the other party if you had capacity, this would be in your own name and if you were vegetative, your next of kin could commence action on your behalf supposing you died six months later after being in, before the court case is settled (for sure you’re not even going to be past the pre-trial stages in six months)
what happens to the action that has begun civil law act s10 tells you all causes of actions (subj to certain specific exceptions) which have vested in him will vest in the estate now if you died with a will naming an executor, executorship will take effect immediately upon death your estate will continue the claim why is this so? cos an executors powers derives from your will
if you die intestate however, your estate vests in the public trustee only when letters of administraion have been applied for and granted (and this could take montsh), and administrators appointed, can the adminsitrator even if the action was begun on your behalf before your death there would be no cpaacity for whoever began action to continue the action until letters of administration were obtained and an administrator appointed then a substituion order could be obtained
As it happens, this is a polaroid someone took of us interns at the firm I was at earlier this year. It but if you would like I could put that in the post for you.