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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
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My late 96 year old father was involved in a road traffic accident

Resolved Question:

My late 96 year old father was involved in a road traffic accident in October 2013. A vehicle reversed into him whilst he was walking on the pavement, causing injuries from which he never recovered. He has spent the last 12 months or so in a private nursing home, as he needed 24 hour care and eventually passed away in late November last year. We were advised by the solicitor who was acting to pursue the claim , that we needed to apply , as there was no Power of Attorney in place, and therefore the appointed deputy would be in a position to accept or decline any offer from the third parties insurance company. Since the Deputyship was granted my father has passed away and, therefore the Deputyship become redundant. Myself and my sister are sole executors of the will and my late fathers estate and therefore, we would assume, in a position to accept or decline any offer from the third parties insurance company. However, we are being told that the claim cannot be pursued further until Probate is granted and, that the claim will need to be an estimated valuation in order to form part of the value of my late fathers estate.
Surely, this cannot be true, as myself and my sister will ultimately reject or accept any offer as co executors anyway.
Kind regards,
Fred Sharpe
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
.

Thank you question. My name is ***** ***** I will try to help with this.

What exactly do you want to know about this?
Customer: replied 1 year ago.

Jo,

What we want to know is whether it is true that we have to wait until probate is granted before the claim can be pursued

Expert:  Jo C. replied 1 year ago.

The will (if there is one) expresses the wishes of the deceased. It then appoints executors to carry out the wishes of the deceased. However it doesn’t convey any authority on the executors (also called personal representatives) to do so. That authority is given by virtue of the grant of probate (or letters of administration if no will).

reason, nothing official can be done until probate is granted although lots of correspondence can be exchanged before then, there is no authority before probate is granted to accept any offer of settlement or defendnat to deal with correspondence..

I think that’s what you’ve been told and if that’s the case, I agree with that.

Can I clarify anything ?

Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
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Customer: replied 1 year ago.

No, that's perfect, thank you.

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