Conditions precedent to survival of causes of action
7 Conditions precedent to survival of causes of action
No proceedings are maintainable in respect of a cause of action in tort which, by virtue of this Part, has survived against the estate of the deceased person unless:
proceedings against him in respect of that cause of action were pending at the date of his death; or
the cause of action arose not earlier than 12 months before his death and proceedings are taken in respect of the cause of action not later than 12 months after his executor or administrator took out probate or letters of administration or within such further period as the Supreme Court, on an application made, either before or after the expiration of that period, allows.
The fact that the cause of action arose earlier than 12 months before the death of the deceased person is not, of itself, a bar to the maintenance of proceedings in respect of a cause of action referred to in subsection (1) where the court in which the proceedings are taken is satisfied that, having regard to all the circumstances of the case, it would be reasonable to allow the proceedings to continue.
Subsection (2) does not affect the operation of any law, other than this section, relating to the limitation of actions.
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