Someone has written something defamatory about my father who passed away three years ago. I am extremely angry and want justice restored to his name. Can I sue them on his behalf?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Esther Lam, Rozelle 2039 NSW
- Unfortunately the right to sue for defamation is a personal right. This means that the right to sue will be gone once they have died.
- However you should look carefully at the comments made to see if they reflect on any other living person’s reputation.
- If the comments have damaged your reputation or some other living person’s reputation then you or they could possibly have reason to sue them despite the comments being mainly about your father.