Extra

Question 1

What is a claim for the benefit of the estate?

Answer 1

A claim for the benefit of the estate can be made under the Law Reform (Miscellaneous Provisions) Act 1934 which provides that on death all causes of action survive for the benefit of the estate (s1(1)) so the estate may claim and recover losses that the deceased could have claimed had they survived.

Question 2

What can be claimed under a claim for the benefit of the estate?

Answer 2

A claim for the benefit of the deceased’s estate may include:

• damages for pain, suffering and loss of amenity suffered by the deceased prior to death;
• damages for awareness of reduced life expectancy:
  s1 Administration of Justice Act 1982;
  an indication of a possible award for this head of damage is £3,500 (Kadir v Mistry [2014] EWCA Civ 1177);
• special damages;
• funeral expenses.

Question 3

Who can bring a claim for the benefit of the estate?

Answer 3

The beneficiaries of the estate are entitled to bring the claim. Where the deceased left a will, the claim can be begun or continued by the executors of the estate on behalf of the beneficiaries. If the deceased dies intestate (without leaving a will), the beneficiary or beneficiaries must obtain a grant of letters of administration before proceedings are issued.

Question 4

What is a bereavement award and who can claim?

Answer 4

A prescribed bereavement award of a fixed amount may be included in the claim under the Fatal Accidents Act 1976 (s1A). From May 2020, the current amount of the bereavement award provided for in the Act is £15,120.

Such an award may only be made for the benefit of the wife or husband or civil partner of the adult deceased.

However, if the deceased was a child under the age of 18 and who was unmarried the award may be claimed by:
the deceased’s parents if the child was legitimate; or by the child’s mother if the child was born illegitimate.