Posthumous Appeal

We are representing a cl who passed away before they had a hearing. DWP have not (so far) identified a next of kin but are indicating that it would be up to the NOK to decide whether that appeal should go ahead.  It is looking like the NOK may not be found so we are looking at alternatives.

I am fairly sure the appeal can go ahead but I am not sure of the legal status of the NOK - is the decision re going ahead vested only in the NOK or should that also include the Executor or indeed CA Cornwall?

You might find the discission in this thread helpful Pete.

Death of appellant - removed as rep?

There is no such legal concept as “Next of kin” either, so you may need to be looking at whether the executor of the deceased person’s estate might be able to act if no-one else can?