Q&As

Can executors appointed within a Will exchange contracts for the sale of property owned by the deceased before a grant of probate is issued? If so, do all executors need to be a party to the contract or will that depend on the terms of their appointment in the Will?

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Published on LexisPSL on 16/03/2021

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Can executors appointed within a Will exchange contracts for the sale of property owned by the deceased before a grant of probate is issued? If so, do all executors need to be a party to the contract or will that depend on the terms of their appointment in the Will?

The executor's authority to act stems from the date of death, not from the date of issue of a grant of probate. See: Personal representatives—overview.

See Q&A: What is the authority for the testator’s real and personal property vesting in the executor from the date of death without any interval of time?

The executors can therefore legally exchange contracts for the sale of a property and complete the transfer prior to obtaining a grant of probate, but there are practical issues which may prevent such action. For example, the exec

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