Deed Of Sale For Deceased Owner Template for South Africa

The Deed of Sale For Deceased Owner is a specialized legal document used in South Africa when selling property from a deceased person's estate. It is essential when executors need to liquidate property assets as part of estate administration or following the wishes expressed in a will. This document must comply with multiple pieces of legislation, including the Administration of Estates Act 66 of 1965, the Alienation of Land Act 68 of 1981, and the Deeds Registries Act 47 of 1937. It includes specific provisions for executor authority, Master's approval where required, and estate-specific conditions. The document is more complex than a standard property sale agreement as it must address both the regular requirements of property transfer and the additional complexities of deceased estate administration.

1. Parties: Identifies the Seller (Executor of the deceased estate, including executor's details and letters of executorship reference) and the Purchaser with full legal details

2. Background: Outlines the context of the sale, including details of the deceased owner, confirmation of executor's appointment, and master's reference number

3. Definitions: Defines key terms used in the agreement, including specific terms related to deceased estates and property transfer

4. Property Description: Detailed description of the property including erf number, physical address, size, and registration details

5. Purchase Price: States the agreed purchase price, payment terms, and any estate-related conditions affecting the price

6. Payment Terms: Details of how and when payment will be made, including provisions for deposit and trust account details

7. Transfer and Registration: Process and timing of property transfer, including appointment of conveyancer and special provisions for deceased estate transfer

8. Possession and Risk: Specifies when possession will be given and when risk passes to the purchaser

9. Warranties: Standard and estate-specific warranties, including executor's authority to sell

10. Compliance Certificates: Requirements for electrical, gas, electric fence, and beetle certificates as required by law

11. Costs and Fees: Allocation of transfer costs, legal fees, and estate-related expenses

12. Breach: Consequences and remedies in case of breach by either party

13. Notices and Domicilia: Contact details and formal communication requirements

14. General Terms: Standard contractual provisions including whole agreement, variation, and governing law