Anonymised property matter
Seller died after exchange
- Transaction
- Sale
- Jurisdiction
- NSW
- Focus
- Authority to sell after death
Situation
The client’s situation
A vendor died after contracts were exchanged but before settlement. The family initially expected the attorney who had been assisting the vendor to continue signing documents.
How Aquarius Lawyers helped
The legal response
We reviewed the effect of death on the existing authority, identified the estate steps required and coordinated with the purchaser’s solicitor regarding timing. The settlement plan was reset around the legal representative’s authority rather than relying on an expired power.
Documented outcome
The documented outcome
The transaction completed once the estate had the necessary authority, with the purchaser kept informed and contractual timing managed.
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