Succession Act 1965 section 48

Causes of action surviving on death

Section 48 establishes that legal claims held by or against a deceased person do not necessarily die with them, and can be pursued by or against their personal representatives.

• Personal representatives (executors or administrators) can bring legal proceedings on behalf of the deceased's estate for claims that survived the death.
• Equally, personal representatives can be sued in respect of claims that others held against the deceased during their lifetime.
• The types of claims that survive death are those specified under Part II of the Civil Liability Act 1961, which governs which causes of action persist after a person dies.
• All such proceedings remain subject to the relevant time limits set out in the Statute of Limitations 1957, or any other applicable limitation rules.

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