NI bereavement damages rise to £19,700 from 1 Dec

From 1 December 2025, the fixed damages for bereavement award in Northern Ireland rises from £17,200 to £19,700. The Department of Justice made the change by Statutory Rule 2025 No. 173, signed by Justice Minister Naomi Long on 6 November 2025 and published on legislation.gov.uk. The increase applies only where the legal right to claim arises on or after 1 December 2025.

If you are new to this topic, think of the bereavement award as a standard, one‑off sum the court can award after a wrongful death. It is there to recognise grief in law. It sits alongside other parts of a fatal accident claim, such as a dependency claim for lost financial support and reasonable funeral expenses, which are assessed separately under the Fatal Accidents (Northern Ireland) Order 1977.

Who can receive this fixed award in Northern Ireland is tightly defined. Article 3A of the 1977 Order says it is for the deceased person’s wife, husband or civil partner. Where the person who died was under 18 and had never married or entered a civil partnership, the award is for the parents if the child was classed as “legitimate”, or for the mother if not. We recognise that wording feels outdated; we use it here only because it is how the statute is written on legislation.gov.uk.

Northern Ireland’s rules differ from England and Wales. There, cohabiting partners can receive bereavement damages and the current statutory sum is £15,120 under the Fatal Accidents Act 1976. In Northern Ireland, cohabiting partners are not eligible for the bereavement award, though they can still be “dependants” for other types of damages if the evidence supports that.

Timing matters. The Order says it applies to causes of action that accrue on or after 1 December 2025, which in practice is usually the date of death. If a death occurred on 30 November 2025, the old £17,200 figure would apply. If the death occurred on or after 1 December 2025, the £19,700 figure would apply.

There is also a separate time limit for bringing a court case. The Limitation (Northern Ireland) Order 1989 sets a primary limit of three years from the date of death, or three years from when the person for whose benefit the claim is brought first knew the death was linked to negligence. Courts can sometimes allow late claims, but it is wise to get advice early.

Most cases are started by the personal representative (the executor or administrator) of the person who died. If no case is issued in that way within six months of the death, any person the law says the claim is for may start the proceedings themselves. This route is set out in Article 4 of the 1977 Order.

Where both parents are eligible after the death of an unmarried minor, Article 3A(4) provides that the bereavement sum is divided equally between them once any unrecovered costs are taken into account. If only one parent is eligible, that parent receives the full fixed sum.

The bereavement award is personal to the eligible claimant. Under the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937, the right to this specific award does not pass to your estate if you die before the claim is resolved. That legal detail encourages families to record key dates and seek timely guidance.

For classrooms, families and support staff, the quick checklist is simple: note the date of death, check who the law says can claim under Article 3A, and keep receipts for funeral costs in case a separate claim is needed. This explainer is for learning and media‑literacy purposes; for individual cases, speak to a regulated solicitor. Our sources for the facts above are legislation.gov.uk and the Department of Justice’s Statutory Rule 2025 No. 173.

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