Is conveyancing for rural properties different?July 2, 2023
What if I’m a foreign purchaser?September 4, 2023
If you’ve bought a property and a registered proprietor has died, then either:
- There is a surviving joint proprietor or proprietors, who can lodge a survivorship application to become the owner(s) of the property, effectively removing the name of the deceased person from the title.
- The deceased person has either an executor or executors (appointed in their will) or an administrator or administrators (appointed by the Supreme Court if intestate). When the executor(s) are granted probate or the administrator(s) are granted representation by the Court, they can then lodge a transmission application to change the ownership of the property to them in their capacity as executor(s) or administrator(s) of the deceased person’s estate.
In either case, the conveyance can then proceed with the new proprietor or proprietors as vendor(s). The process of obtaining probate or a grant of representation does take time, and can delay a settlement, particularly if a vendor dies between sale and settlement.