When is the deadline for six-month window before dependants may sue in their own names?
The catalogue records a 6 months period from Death of the deceased, but only where an executor or administrator exists; where there is no executor or administrator of the deceased person, dependants may sue immediately and no waiting period runs. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 months
- Trigger
- Death of the deceased, but only where an executor or administrator exists; where there is no executor or administrator of the deceased person, dependants may sue immediately and no waiting period runs
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
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- A gateway period rather than a bar: where there is no personal representative, or a personal representative exists but has not brought an action within six months of the death, the beneficiaries may bring the action themselves. Worth diarising in fatal claims because it determines who has standing and interacts with the three-year limit in s.7(1). The verbatim quote is truncate