Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Proceedings Against Estates Act 1970

As Enacted Cited authorities 5 Cited in Amendments 5 Related
Vincent
JurisdictionUK Non-devolved


Proceedings Against EstatesAct 1970

1970 CHAPTER 17

An Act to repeal section 1(3) of the Law Reform (Miscellaneous Provisions) Act 1934 and to make provision for facilitating proceedings against the estates of deceased persons.

[15th May 1970]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Limitation of actions in tort against estate of deceased.

1 Limitation of actions in tort against estate of deceased.

1. Subsection (3) of section 1 of the Law Reform (Miscellaneous Provisions) Act 1934(which imposes restrictions on the proceedings maintainable in respect of a cause of action in tort which by virtue of that section has survived against the estate of a deceased person) and sections 4 and 7(2) of the Law Reform (Limitation of Actions, &c.) Act 1954(which relaxed those restrictions) are hereby repealed.

S-2 Proceedings against estate of deceased.

2 Proceedings against estate of deceased.

2. Rules of court made under section 99 of the Supreme Court of Judicature (Consolidation) Act 1925or section 102 of the County Courts Act 1959may make provision—

a ) for enabling proceedings to be commenced against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or administration has been made
b ) for enabling proceedings purporting to be commenced against a person who has died to be treated as having been commenced against his estate; and
c ) for enabling any proceedings commenced or treated as commenced against the estate of a deceased person to be maintained (whether by substitution of parties amendment or otherwise) against a person appointed to represent the estate or, if a grant of probate or administration is made, against the personal representatives.
S-3 Citation, commencement, transitional provision and extent.

3 Citation, commencement, transitional provision and extent.

(1) This Act may be cited as the Proceedings Against Estates Act 1970.

(2) This Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint.

(3) Section 1 of this Act shall apply in relation to causes of action arising before as well as in relation to causes of action arising after the commencement of this Act, but...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT