Executors and Powers of Attorney


SALE OF PROPERTY BY AN ATTORNEY OR EXECUTOR
 
If you are an Executor of an Estate/Will or acting as a Power of Attorney for someone you need to be mindful of ensuring all paperwork is in order otherwise delays may occur in settlement.  Haskins Settlements can help you in this regard.
 
Power of Attorney/Enduring Power of Attorney
 
Did you know that if you are an Attorney acting for the owner who is selling you must have the Attorney document lodged and registered with Landgate prior to executing the Transfer of Land document?  If you have not attended to this and the document is more than 3 months old you will also need to lodge a Declaration of Non Revocation.
 
If your Attorney document has not been lodged with Landgate we suggest you get the document reviewed by a lawyer or a conveyancer who is experienced in this area.  You should arrange for this to be done as early as possible so that any issues can be addressed before the property is sold. Providing the document is in order it can be lodged and registered at Landgate so you can be in a position to sign the Transfer of Land document and avoid any potential delays in Settlement.
 
Executor
 
If you are the Executor of a deceased Estate and you wish to sell a property owned by the Estate, you should apply for and receive a Grant of Probate as soon as possible. 
 
Once the Probate document is received you should contact us to prepare the necessary documents to have the title updated into the Executor’s name.  
 
Most Buyer’s Banks will insist on the title being in the name of the Executor prior to Settlement so it is preferable to attend to this before the property is sold, failing which it should be attended to as soon as possible after a contract has been accepted.
 
If the property is not being sold but being transferred to one or more beneficiaries we can also assist you in preparing those documents.
 
As with all sellers of real estate the Attorney and Executor will need to be identified by the Real Estate Agent and Conveyancer.  Please refer to the section on VOI for more information.