Before exchanging contracts in a sale where a co-owner has died, which of the following steps should the buyer's lawyer take first?

Before exchanging contracts in a sale where a co-owner has died, which of the following steps should the buyer's lawyer take first?

• A. A certified copy death certificate for Dev to prove his death
• B. The draft contract is amended to remove Dev's name and the insertion of the details the person who has agreed to sell with Max
• C. A court order authorizing the substitution of parties
• D. A notice to complete with Dev's executors named

Answer: (B)

When a co-owner dies before exchange, the priority is to ensure the contract identifies the correct seller. The draft contract must be amended to remove the deceased co-owner’s name and substitute the appropriate party with authority to sell—typically the deceased’s executors or personal representatives (or the surviving co-owner if that’s who is selling). This substitution makes the contract bind the right parties and allows the sale to proceed to exchange. Why this works: you can’t exchange with someone who no longer has an interest or legal capacity to sell, so updating the contract to reflect who is actually selling is the essential first step. After that, other steps like providing death documentation or, if needed, seeking a court order, can come in as the matter progresses. A death certificate is evidence of death but isn’t the first step in the contract formation. A court order is only needed if agreement on substitution can’t be reached. A notice to complete comes later, after exchange.

When a co-owner dies before exchange, the priority is to ensure the contract identifies the correct seller. The draft contract must be amended to remove the deceased co-owner’s name and substitute the appropriate party with authority to sell—typically the deceased’s executors or personal representatives (or the surviving co-owner if that’s who is selling). This substitution makes the contract bind the right parties and allows the sale to proceed to exchange.

Why this works: you can’t exchange with someone who no longer has an interest or legal capacity to sell, so updating the contract to reflect who is actually selling is the essential first step. After that, other steps like providing death documentation or, if needed, seeking a court order, can come in as the matter progresses. A death certificate is evidence of death but isn’t the first step in the contract formation. A court order is only needed if agreement on substitution can’t be reached. A notice to complete comes later, after exchange.