Purchasing a house is usually quite stressful and in the event of the owner of the property passing away before registration of the property into the name of the purchaser, the stress doubles. However, the death of the owner of the property does not cause the Deed of Sale to be invalid or to lapse.

The executor in the estate of the owner is obliged to give transfer to the purchaser if the seller and the purchaser entered into a binding, valid contract and the estate is solvent. The executor must still obtain a certificate by the Master of the High Court that no objection to the transfer of the property exists, but the requirements by the Master in connection with a sale by the executor can obviously not apply to a sale by a deceased prior to his death and the certificate will usually be issued.

Ultimately, the contract is still valid and the executor in the owner’s estate is obliged to give transfer.

For any advice related to Conveyancing and Property Law, please contact our experienced attorneys.

For Conveyancing and Property Law expertise

Nicholas Hayes                nicholas@abgross.co.za

Marita Swanepoel           marita@abgross.co.za

David Kagan                     dgkagan@abgross.co.za



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