Registration of Record of Death:

1. It is acknowledged by the Buyer that the property hereby sold is presently registered in the name of the now deceased and the Sellers are the executors appointed under the Will of the deceased.
2. The Seller warrants that he/she is entitled to be registered as personal representative/devisee of the registered owner of the Property.
2. This Contract is subject to the Seller obtaining registration in the Department of Natural Resources of a Transmission by Death allowing the Seller to be registered as personal representative/ devisee of the registered owner of the Property.
3. The Settlement Date of this Contract is the later of:
(a) The Settlement Date stated in the Reference Schedule; or
(b) 7 days after the Seller advises the Buyer in writing that registration of the Transmission by Death has occurred.
4 If the registration of the Transmission by Death has not occurred within[ ….] days of the date of this Contract then the Buyer may terminate the Contract and the deposit will be refunded.

Grant of Probate:

This Contract is subject to a Grant of Probate to the sellers as executors of the estate of the late (insert deceased’s name) by the Supreme Court of Queensland within (complete) months of the date of this Contract and neither party.
The sellers must use their best endeavours to obtain the Grant as soon as possible and must advise the buyers in writing monthly from the date of this Contract about their progress in obtaining the Grant.
2. In the event that paragraph (1) above is satisfied, this sale is subject to registration of a Transfer of the property at the office of the Department of Natural Resources at Brisbane in favour of the sellers as executors of the estate of (complete) within (complete) months of the date of this Contract. If that Transfer has not been registered by that date then the deposit will be refunded to the buyer, this sale will come to an end and neither party will have any claim after that against the other apart from any rights either of the parties may have against the other as a result of any breach of this Contract.
The sellers must use their best endeavours to obtain the registration as soon as possible and must advise the buyers in writing monthly from the date of satisfaction of paragraph 1 about their progress in obtaining registration.
3. The date for completion will be the date which is (complete) days after the date that the buyer or the buyer’s solicitor receives written notice from the seller’s solicitors that the Transfer referred to in paragraph 2 has been registered in the names of the sellers.”