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  • Writer's pictureThe Kaplan Team

THOUGHT OF THE WEEK Sale of a property from a deceased person's estate

Updated: Apr 7, 2020

The legal requirements that ordinarily apply to the sale of land also apply to property that is sold out of a deceased estate, namely that the agreement must be recorded in writing and be signed by both the seller and buyer, either personally or by an agent authorised in writing to sign on that party's behalf.

Who has the authority to sign on behalf of a deceased person's estate?

Only an executor whose appointment has been confirmed by the Master of the High Court (in the form of a document called 'Letters of Executorship') may deal with the assets and liabilities of a deceased's estate. A sale agreement signed on behalf of a deceased person's estate by anyone other than the executor so appointed is void.

A more detailed discussion on the conveyancing process involved when attending to the transfer of a property from a deceased person's estate, can be accessed here.

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This article is not intended to constitute legal advice and is produced for information purposes only and to provide a general understanding of the legal position relating to the topic. It is recommended that advice relating to the specific circumstances of your situation be sought from our attorneys before acting upon the content of this article. This article was written at a particular point in time and accordingly may not always reflect the most recent legal developments, if any, applicable to the relevant topic. Kaplan Blumberg and its partners and/or employees, are not responsible for any consequences which may follow upon any decision taken to act upon the information provided in this article.

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