Q&As

If a transfer deed (TR1) has been signed by both the transferor and transferee, the transferor dies and then the TR1 is dated after death of the transferor (in error), is it still valid?

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Published on LexisPSL on 05.09.2019

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

  • If a transfer deed (TR1) has been signed by both the transferor and transferee, the transferor dies and then the TR1 is dated after death of the transferor (in error), is it still valid?

If a transfer deed (TR1) has been signed by both the transferor and transferee, the transferor dies and then the TR1 is dated after death of the transferor (in error), is it still valid?

A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present: see section 1 of the Law of Property (Miscellaneous Provisions) Act 1989. See Practice Note: Property deeds—use and execution of deeds in property transactions.

It is not an essential ingredient of a deed that it should be dated: see Morrell v Studd &

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