Section 19.12(2)

Where a defendant against whom a claim could have been brought has died and— a grant of probate or administration has been made, the claim must be brought against the persons who are the personal representatives of the deceased; a grant of probate or administration has not been made— the claim must be brought against “the estate of” the deceased; and the claimant must apply to the court for an order appointing a person to represent the estate of the deceased in the claim.

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Source: legislation.gov.uk · retrieved 2026-08-15