Deceased client and conveyancing transaction

I act for a cash buyer in a conveyancing transaction and exchanged contracts last week. Unfortunately, my client has since died and completion is due to take place next week. What is the position?

The personal representatives (PRs) step into the shoes of the deceased and will be required to complete the contract. It is likely that some delay in completion may be experienced because the purchase deed will have to be redrafted to reflect the change in parties and the PRs cannot complete until the grant of representation has been issued. Where appropriate, consideration should be given to obtaining an expedited grant of probate.

The PRs may feel that they no longer wish to proceed with a transaction where the deceased intended to purchase the house for his own occupation. However unless the seller agrees they will, be bound to complete or face an action in damages from the seller.

For further information, please see the Law Society's Conveyancing Handbook, 18th Edition, which may be purchased from the online bookshop.