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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice
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Who has the authority to instruct civil proceedings in a case

Customer Question

Who has the authority to instruct civil proceedings in a case of questionable death of a relative, Executor or relative?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

My Brother died recently after a botched simple stent operation. An inquest has been ordered, possible in June, to determine the cause of Death. The Executor has instructed the solicitor, who registered the Will to attend the Inquest to give an opinion should a civil action needs to be taken. This was done without my knowledge, although I can see the sense in this and do not object. Can I, if I so decide, overrule the Executors and not instruct proceedings or is it the right of the Executor to instruct?

Expert:  Jo C. replied 3 years ago.
Thanks

This can be done by either a family member with an interest in the estate of the deceased or the executor, however any proceeds are divided in accordance with the terms of the deceased persons will.

Normally, the job would be entrusted to the executor unless all the beneficiaries unanimously decided they did not want it investigated

Can I clarify anything for you?

Jo