Seller’s Warranty to Proceed with Estate Sale

In an Estate Sale, the legal process can be extended. In order to ensure that the Seller is acting diligently, you might wish to consider the following clause:

“The Estate Trustee executing this Agreement of Purchase and Sale on behalf of the Estate of the late Albert Bishop Bell (the testator) warrants and represents that he is in possession of an original Will which purports to be executed by the testator, the registered owner of this property, and such Will nominates him as sole Estate Trustee, and further that he will proceed diligently and conscientiously to obtain a Certificate of Appointment of Estate Trustee with Will Annexed, as soon as possible, and that he has no notice, no claim and no reason to believe that any other person will contest his application for appointment.”

Brian Madigan LL.B., Broker

Comments 1

  1. What if the deceased owner died intestate and Certificate of Appointment of Estate Trustee without a Will has been filed and property is listed on the assumption that administrator/trustee will receive issued Certificate within a specific time period? Closing date is conditional upon issuance of Certificate? As an FYI, when I worked as an estates law clerk, I recall the advice given by estates lawyer was not to list property until Certificate is issued.

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