Rights of action by and against personal representative and effect of death on certain causes of action

(1) A personal representative may distrain for arrears of a rent charge due or accruing to the deceased in his lifetime on the land affected or charged therewith, so long as the land remains in the possession of the person liable to pay the rent charge or of the persons deriving title under him, and in like manner as the deceased might have done had he been living. (2) A personal representative may distrain upon land for arrears of rent due or accruing to the deceased in like manner as the deceased might have done had he been living, and such arrears may be distrained for after the termination of the lease or tenancy as if the term or interest had not determined, if the distress is made– (a) within six months after the termination of the lease or tenancy; (b) during the continuance of the possession of the lessee or tenant from whom the arrears were due. 24 Administration of Estates Act (3) All statutory enactments relating to distress for rent shall apply to any distress made pursuant to sub-section (2). (4) On the death of any person after the commencement of this Act, all causes of action subsisting against or vested in him shall survive against, or, as the case may be, for the benefit of, his estate, provided that this sub-section shall not apply to the following (a) defamation; (b) seduction or inducing one spouse to leave or remain apart from the other; and (c) claims for damages under section 151 of the Supreme Court of Judicature Act on the ground of adultery. (5) Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person– (a) shall not include any exemplary damage; (b) in the case of a breach of promise to marry, shall be limited to such damage, if any, to the estate of that person as flows from the breach of promise to marry; (c) where the death of that person has been caused by the act or omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included. Administration of Estates Act 25 (6) No proceedings shall be maintainable in respect of a cause of action in tort which by virtue of this section 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 personal representative took out representation. (7) Where damage has been suffered by reason of any act or omission in respect of which a cause of action would have subsisted against any person if that person had not died before or at the same time as the damage was suffered, there shall be deemed, for the purposes of this Act, to have been subsisting against him before his death such cause of action in respect of that act or omission as would have subsisted if he had died after the damage was suffered. (8) The rights conferred by this section for the benefit of the estates of deceased persons shall be in addition to and not in derogation of any rights conferred on the dependants of deceased persons by sections 8 to 16 inclusive of the Torts Act and so much of this section as relates to causes of action against the estates of deceased persons shall apply in relation to causes of action under the said sections as it applies in relation to other causes of action not expressly excepted from the operation of sub-section (4). CAP. 172. (9) In the event of the insolvency of an estate against which proceedings are maintainable by virtue of this section, any liability in respect of the cause of action in respect of which the proceedings are maintainable shall be deemed to be a debt provable in the administration of the estate, notwithstanding that 26 Administration of Estates Act it is a demand in the nature of unliquidated damages arising otherwise than by a contract, promise or breach of trust.