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Section 118: How property passes to executors or administrators after death

118.Succession on death

(1)Upon the receipt of an office copy of the probate of any will or of any letters of administration or of any order by which it appears that any person has been appointed the executor or administrator of any deceased person, the Registrar shall, on an application of the executor or administrator to be registered as proprietor in respect of any land, lease or mortgage therein described, enter in the Register Book and on the duplicate instrument, if any, when produced for any purpose, a memorandum notifying the appointment of the executor or administrator and the day of the death of the proprietor when the day can be ascertained, and upon that entry being made that executor or administrator shall become the transferee and be deemed to be the proprietor of such land, lease or mortgage, or of such part of it as then remains unadministered, and shall hold it subject to the equities upon which the deceased held it, but for the purpose of any dealings therewith the executor or administrator shall be deemed to be the absolute proprietor thereof.

(2)The title of every executor or administrator becoming a transferee under this section shall, upon such entry being made, relate back to and be deemed to have arisen upon the death of the proprietor of any land, lease or mortgage as if there had been no interval of time between such death and entry.

(3)If in any case probate or administration is granted to more persons than one, all of them for the time being shall join and concur in every instrument, surrender or discharge relating to the land, lease or mortgage.

(4)No fee in respect of the assurance of title under this Act shall be payable on the registration of such executor or administrator.

Plain English Summary

When someone dies, their executor or administrator must apply to the Registrar to become the registered owner of any land, lease, or mortgage that bel...

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