Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

QLD Executor of Will Nominated - Who is the Seller of Deceased Estate?

Discussion in 'Wills and Estate Planning Law Forum' started by elemef, 23 February 2016.

  1. elemef

    elemef Member

    23 February 2016
    Likes Received:
    My mother passed away 04/08/2015. We tried to get her will changed prior to her death so that her three children could be executors. Unfortunately, we ran out of time to do this.

    Her deceased estate was left to her solicitor to act as executor of will. Her deceased estate includes her share in a trucking business partnership with my brother – he receives the entire business to run as his own. There is also her property and other assets – vehicle, furniture, left to my sister and me equally and if we are to sell the property, $50000 is to be given to our brother to give a cash boost to the business.

    We three are all in agreement. The solicitor, however, has been adamant from the day he read the will, that he is the executor and will deal with things as he sees fit.

    So we have a buyer for the property and he has dictated that his firm completes the conveyancing. The firm has sent us this enormous amount of paperwork to complete for the sale of the property. The executor is listed as the seller on the contract.

    As we are not the legal owners of the property, must we complete all the paperwork?
  2. Sophea

    Sophea Guest

    That's correct. The executor is the vendor on a contract of sale of real property which is part of the estate.

Share This Page