Skip to content
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Wills + Estates
      • Wills + Estates
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing
      • Conveyancing Quote
      • Real Estate Agents
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Criminal + Litigation
      • Criminal + Traffic Law
      • Litigation
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Legal Fees & Costs
    • Help Choosing a Law Firm
    • 10 Awkward Questions
  • Contact Us
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Wills + Estates
      • Wills + Estates
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing
      • Conveyancing Quote
      • Real Estate Agents
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Criminal + Litigation
      • Criminal + Traffic Law
      • Litigation
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • 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?

CONTACT US

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 to Do When a Loved One Passes Away: Navigating the Legal Process in Queensland

Help: I Disagree with My Parents’ Will

Disclosing flood affected properties in Queensland- Conveyancing Purchasing

Disclosing flood affected properties in Queensland- Conveyancing Purchasing

Why You Need a Will and Enduring Power of Attorney (EPOA) Together: The Complete Estate Planning Solution

What happens when tenants leave ‘stuff’ behind? Legal Advice Article

Understanding Wills: What You Need to Know to Protect Your Estate

PrevPreviousFive Considerations when Selecting an Executor to Your Will/ Estate
NextQueensland Ruling: Smoking Banned on Apartment Balconies – What You Need to KnowNext

This information is provided for general informational purposes only and does not constitute legal advice. Please consult with a qualified lawyer for advice regarding your specific situation.

Serving Clients Across Queensland

Practice areas

  • Family Law
  • Wills + Estates
  • Commercial + Business
  • Conveyancing
  • Litigation
  • 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
  • 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.