Deceased estate - protection against future claim?

Hello all,

I am buying a property that is part of a deceased estate. The vendor is the executor who will by the completion date be registered as the proprietor. I am concerned that after the property is sold and I transfer it into my name that another interested party, e.g., a beneficiary who is unhappy with the distribution of the assets in the will make a claim on the property in the future?

Should I be concerned and is there anything I can do to protect myself against this?

Thanks in advance,

Sam
 
Under property law, you will receive an indefeasible, fee simple title. That means that the sale to you cannot be undone, unless there is fraud. In that case, you would be entitled to be compensated by the Titles Office.

If a beneficiary /claimant on the estate believes they have an interest, they should lodge a caveat against the property prior to its sale.

Under estate laws, they have a limited time in which to lodge their claim before the estate is distributed.
 
The executor of the deceased estate is the one who should consider insurance. If a new beneficiary appears and the estate has already been distributed they have protection since they cant get the land back as the prior posts indicated...Indefeasible title etc.

Your solicitor handling the settlement should be the one to address this question. A good reason why not to use a conveyancer..."Related" legal advice is commonly concurrent to all property transactions.
 
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