SURVIVAL OF CAUSES OF ACTION ACT 1940 - SECT 4

SURVIVAL OF CAUSES OF ACTION ACT 1940 - SECT 4

4—Conditions precedent to survival of cause of action

No proceedings shall be maintainable in respect of a cause of action in tort which by virtue of this Act has survived against the estate of a deceased person, unless either—

            (a)         proceedings against him in respect of that cause of action were pending at the date of his death; or

            (b)         the cause of action arose not earlier than six months before his death and proceedings are taken in respect thereof not later than six months after his executor or administrator took out probate or letters of administration.