Administration actions—personal representatives and the deceased's liabilities


Published by a ³ÉÈËÓ°Òô Private Client expert
Practice notes

Administration actions—personal representatives and the deceased's liabilities


Published by a ³ÉÈËÓ°Òô Private Client expert

Practice notes
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An individual may assume obligations, for example in respect of contracts, covenants, debts, duties and, generally, those obligations will subsist after the individual’s death and may be enforceable against the estate. Although the Personal representatives (PRs) were not a party to the arrangements, they should understand their potential liability to avoid litigation (Hambly v Trott (1776) 1 Cowp 371).

The effect of this survival of obligations depends on the form of obligations involved.

Personal contracts

The general rule is that the death of one of the parties to a contract does not discharge the contract. Where the contract is of a personal nature then, unless there has been a breach of the contract prior to the death, the general rule does not apply.

Where there is already a subsisting right of action under the contract, or for Breach of contract, the death of either party disapplies the rule.

The effect of the general rule can be illustrated as follows:

  1. •

    an agreement between an employer and employee is determined by the death of either

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Jurisdiction(s):
United Kingdom
Key definition:
Personal representatives definition
What does Personal representatives mean?

In relation to a person who has died, this means (in the UK) persons responsible for administering the estate of the deceased.

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