There has been major controversy recently about the proposed increase in probate fees. In particular there was some concern, expressed on twitter, that claimants could not afford to issue proceedings. There are a number of points that need to be considered, if there is a major increase in probate fees. In particular the Fatal Accidents Act has an important exception which means that, in some cases, a grant of probate is not necessary to bring an action.
1. YOU DON’T NEED A GRANT OF PROBATE TO ISSUE A FATAL ACCIDENT ACT CLAIM.
Simply read Section 2 of the Fatal Accidents Act 1976
“(1)The action shall be brought by and in the name of the executor or administrator of the deceased.
(2)If—
(a)there is no executor or administrator of the deceased, or
(b)no action is brought within six months after the death by and in the…
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