How did traditional English law treat an agent’s authority after the principal’s death?
Under traditional English law, the death of a principal automatically terminates an agent’s powers. This rule applies regardless of whether the agent or a third party had knowledge of the principal’s death.1
Historically, this principle was rooted in the "fiction of identity" between the principal and the agent. Modern justifications for this rule rely on the technical argument that an individual cannot perform an act through another if they are no longer capable of performing that act themselves, as well as the requirement of a "meeting of the minds" necessary to conclude a contract. This approach stands in contrast to various continental legal systems, which often prioritize the protection of parties acting in good faith who are unaware that the principal has died.1