Property

Does a personal representative with power reserved need to be named in a contract for sale?

I’m administering an estate. One personal representative is named in the grant and the other two have power reserved. I’m preparing a contract for sale. Do the individuals with power reserved need to be named?

No, only proving personal representatives need to be named in the contract and purchase deed.

Where there is a single proving personal representative, they can act solely in this capacity.

You should supply the buyer’s solicitor with a sealed or certified copy of the grant of representation to enable them to verify the names of the proving personal representatives.

For further information, you can buy a copy of the Conveyancing Handbook (29th edition) from our bookshop.

Disclaimer

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

Have you got a practice question?

Call the Practice Advice Service on 020 7320 5675 or email practiceadvice@lawsociety.org.uk.

The Practice Advice Service is staffed Monday to Friday from 9am to 5pm.

Maximise your Law Society membership with My LS