07 Feb 9 NOVEMBER 2010 – CONTRACT FOR SALE OF PROPERTY OWNED BY A DECEASED PERSON
Q.Who should be named as Seller of a property owned by a deceased person?
A. The Sellers name on the Contract should be the name of the legal personal representative (ie. the executor named in the Will or the Admistrator).
The Sellers name on the Contract should not be the deceased persons name. It should also be stated in the Contract that the Seller is the legal personal representative. (ie. John Smith as personal representative of “name of deceased”.)
TIP: The legal personal representative of the deceased should not contract to sell a property until the personal representative is registered on the Title as the registered proprietor. A purchaser of the property should confirm prior to settlement that the personal representative does have the power to Sell the property.