Skip to content
Bennett Carroll Solicitors- Legal Problem Solvers- Queensland Lawyers - Header Logo
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Wills + Estates
      • Wills + Estates Overview
      • Wills + Planning
      • Managing an Estate
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing + Property Law
      • Conveyancing Quote
      • Real Estate Agents
    • Criminal + Litigation
      • Litigation
      • Criminal + Traffic Law
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Toolkits & Guides
    • Legal Fees & Costs
    • Help Choosing a Law Firm
    • 10 Awkward Questions
  • Contact Us
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Wills + Estates
      • Wills + Estates Overview
      • Wills + Planning
      • Managing an Estate
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing + Property Law
      • Conveyancing Quote
      • Real Estate Agents
    • Criminal + Litigation
      • Litigation
      • Criminal + Traffic Law
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Toolkits & Guides
    • Legal Fees & Costs
    • Help Choosing a Law Firm
    • 10 Awkward Questions
  • Contact Us
Advice & Articles

Contracting Death- What happens if a party in a real estate transaction passes away?

  • Published: 11 March 2022
  • Last Updated: 22 May 2024

A ‘party’ is defined in the latest REIQ contract[1] to include the party’s executors, administrators or successors.

 

The take home message is simple: death does not release a party from their rights and obligations under the contract. This includes the parties’ obligation to complete the contract.

 

Do I need probate?

Practically, it may not be possible for the contract to settle until a grant of probate has been issued by the Supreme Court. A grant of probate, or a grant of letters of administration on intestacy, is a court order granting a person authority to execute the deceased’s will, or deal with property in accordance with the rules of intestacy (the Government’s rules). The grant takes approximately 10 weeks to be issued so the parties usually need to extend the settlement date out until the deceased’s executor has been able to get the grant.

The most unfortunate scenario here is where you act for the deceased’s party and the other side refuses to allow an extension of time.

 

What if the other party refuse to extend the settlement date?

Where a purchaser dies and the vendor refuses an extension, the vendor may place the purchaser in breach. On breach, the vendor could choose to take the purchaser’s deposit as well as either;

  • Terminating the contract, reselling the property and suing the purchaser’s estate for any loss they suffer on resale, or
  • Applying to the court for an order of specific performance, which compels the purchaser to complete the contract.

Where the vendor dies and the purchaser refuses to allow an extension, the purchaser may place the vendor in breach. On breach the purchaser could;

  • Terminate the contract and sue for damages, or
  • Apply for specific performance as above and sue for damages.

 

Who gets the proceeds?

In the event a vendor passes away before settlement, on settlement their personal representative becomes entitled to receive the balance of the purchase price on behalf of the deceased’s estate. In the event a purchaser passes away before settlement, if the contract settles then the property forms part of the deceased’s estate. In practical terms this means the property vests in the parties’ personal representative/s.

 

Call us on 1300 334 566 or email info@bcglaw.com.au and safeguard your interests every step of the way- We are your legal problem solvers.

Contracting Death- What happens if a party in a real estate transaction passes away?

Related Articles

What Happens to a House When Someone Dies? Estate Transfers and Legal Steps

Meth-screening for landlords, property managers and buyers

Meth-screening for landlords, property managers and buyers – Conveyancing & Real Estate Law

Looking for a new year legal check to protect your family? Our 2026 estate planning Queensland guide and free new year resolution legal check tool help Brisbane and Gold Coast residents update their Wills, review commercial contracts, and secure property titles in under 5 minutes. Start the year with total peace of mind from Queensland's trusted legal problem solvers.

New Year, New Peace of Mind: Your Free Essential Legal Health Check for 2026

The Executor is Taking Too Long: What to Do – How to Handle Executor Delays in Estate Administration

Minimum Housing Standards + Repair Notices – New Standards from 1 September 2023

What Happens to Your Business If You Die Without a Will in Queensland?

This information is provided for general informational purposes only and does not constitute specific or personal legal advice. Please consult with a qualified member of our team for advice regarding your specific situation.

PrevPreviousFive Considerations when Selecting an Executor to Your Will/ Estate
NextQueensland Ruling: Smoking Banned on Apartment Balconies – What You Need to KnowNext
Serving Clients Across Queensland
Bennett Carroll Solicitors is a proud member of the Queensland Law Society (QLS)

Practice areas

  • Commercial + Business
  • Litigation
  • Family Law
  • Wills + Estates
  • Conveyancing
  • Building + Construction Law
  • Criminal + Traffic

learn more

  • About Us
  • Meet the Team
  • Advice + Articles
  • Contact Us
  • LinkedIn
  • Instagram
  • Facebook

Our Office Locations in SEQ - click to view

  • Brisbane North - Stafford
  • Brisbane South - Upper Mount Gravatt
  • Sunshine Coast - Kawana Waters
  • Gold Coast - Mermaid Beach
  • Ipswich- By Appointment Only
  • Brisbane Central- By Appointment Only

Get In Touch

  • 1300 334 566
  • Click to Email
  • 8.30am - 5pm Monday - Friday
  • Chat With Us (Bottom of this page)
  • Bennett Carroll Solicitors
  • 1300 334 566
Copyright 2025 © Bennett Carroll. All rights reserved.