Where a deceased person is a registered owner of the property being sold, all the estate trustees must sign the agreement on behalf of the estate. Estate trustees named in the will have authority to enter into the agreement on behalf of the deceased, however, they will not be able to complete the transaction until they have been appointed estate trustees.
If there is no will, estate trustees must be appointed by court order before the estate can agree to sell the property. Until then, for practical purposes no one will have the legal authority to contract on behalf of the estate.
Seller of a matrimonial home
If the seller is the sole registered owner and the property is a matrimonial home of the seller, the Family Law Act prohibits the seller from disposing of the matrimonial home unless the seller’s spouse consents to the transaction. The untitled spouse must sign the agreement of purchase and sale, failing which it may not be possible to compel him or her to consent to the transfer at closing. In that event, the seller cannot complete the transaction.