Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Death
CIVIL PROCEDURE  BACK TO BASICS 36  : WHAT TO DO WHEN A PROPOSED DEFENDANT HAS DIED AND THERE IS NO GRANT OF PROBATE

CIVIL PROCEDURE BACK TO BASICS 36 : WHAT TO DO WHEN A PROPOSED DEFENDANT HAS DIED AND THERE IS NO GRANT OF PROBATE

April 14, 2019 · by gexall · in Civil evidence, Civil Procedure, Members Content

 A search term that arrived on this blog earlier today asked “how to you sue a dead person?”  The basic answer is that you can’t. You have to sue their executors or administrators.  The problem arises when probate has not…

WHAT CAN YOU DO IF THE PROPOSED DEFENDANT IS DEAD AND THERE IS NO GRANT OF PROBATE OR ADMINISTRATION?

November 12, 2013 · by gexall · in Applications, Civil Procedure, Members Content

A recent post looked at the problems of issuing proceedings before letters of administration are taken out. Here we consider the problems when a proposed defendant has died and there are no executors or administrators.  THE PROBLEM  Probate is not…

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 12.4K other subscribers

Recent Posts

  • ENFORCEMENT BULLETIN 7: SECOND ATTEMPT TO ENFORCE A FOREIGN JUDGMENT WAS (AMONG OTHER THINGS) AN ABUSE OF PROCESS
  • LITIGATOR’S LIFELINES 3: WHAT IF YOU HAVE SERVED A SCHEDULE OF COSTS LATE?
  • THROWBACK FRIDAY: “SKELETON ARGUMENTS – DO THEM PROPERLY OR YOU WON’T GET PAID” (NOVEMBER 2014)
  • COSTS BITES 459: A SUCCESSFUL CLAIMANT SHOULD NOT HAVE BEEN DEPRIVED OF THEIR COSTS BECAUSE PRECEDENT U WAS SERVED FIVE HOURS LATE
  • YOU CAN’T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN’T ATTEND – BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS …

Top Posts

FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief ®

Powered by Big Yellow Workshop

Loading Comments...

You must be logged in to post a comment.