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Posthumous small claim

  • 24-08-2020 11:49am
    #1
    xPrePF7z4jLy7M
    Registered Users, Registered Users 2 Posts: 47 ✭


    Can you bring a claim in someone's name after they died? Would it need to be handled by the executor or could it be brought directly by a child?

    For example, say someone with dementia in a nursing home wasn't receiving a service they were being billed for, and the nursing home refused to stop charging / acknowledge the request. And you have no standing because there is no power of attorney and the person is not a ward of court, and you don't want to push too hard in case it has an impact on their care.

    In this example the child would not care about the money, more that the nursing and
    home is not entitled to it. The person would be happy for the money to go to charity.


Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    A claim for money owed could be pursued by the executor, but not by a child.

    A claim for compensation, e.g. for personal injury, could not be pursued at all.


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