Q&As
If a person who intended to sign a contract dies before signing the agreement, can their personal representative (PR) sign on their behalf or are there any other solutions to complete the contract? If a PR is able to sign, is there specific wording to include in the attestation clause?
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Published on: 14 June 2019
Powers of the personal representative (PR)
A personal representative (PR) has powers, under the Administration of Estates Act 1925, the Trusts of Land and Appointment of Trustees Act 1996 and the Trustee Act 2000 (TrA 2000), to sell, mortgage, lease or charge all the deceased’s property vesting in them. This power would include entering into a contract in respect of the deceased’s property.
These powers are subject to the PR’s common law duties to act in the best interests of the beneficiaries and avoid conflict between the interests of the beneficiaries and their own interests. A PR also has a statutory Duty of care in respect of investment decisions under TrA 2000, s 1. For further guidance, see Practice Note: Personal representatives—powers, duties and remuneration.
When does the authority of a PR begin?
The
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Attestation clause definition
What does Attestation clause mean?
The attestation clause is the place in the agreement where the parties sign to indicate their consent to the provisions of the agreement. The execution clauses and signature blocks are found at the end of the agreement, preferably after the schedules and before the appendices and annexures.
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