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In a civil action, unlike a criminal matter, civil proceedings continue after death.
14 December 2020  | Puleng Valentine Tladi | Views: 275
 

In terms of Rule 52(2)(b) of the Magistrates’ Court Rules, civil proceedings are interrupted until the executor of the estate is joined as party to the proceedings.

This can be done by way of a letter of authority, or letter of executorship or even special power of attorney, to show proof of the authority conferred upon the party to act on behalf of the deceased’s estate.

In a criminal matter, usually when the accused dies, the matter does not proceed, however in a civil action instituted against the deceased, the matter is only interrupted until the executor of the estate is appointed to prove locus standi.

Therefore, if the person instituted an action against the deceased and such person is successful in his action, the successful party will have a claim against the deceased’s estate.

Food for thought: I am warning you to please reconsider your decision to commit suicide to avoid a civil claim against you.  As your debts will follow you wherever you are “Hell or Heaven”.