on 08-12-2017 12:45 PM
Hi All was hoping for some insight as to how i go about preparing a withdrawal of caveat in PEXA when the caveator is deceased.
Our office currently acts for the executor but there does not appear to be any way to input this into the pexa worspace and now that paper withdrawals are no longer accepted I am not sure what to do.
on 13-12-2017 10:06 AM
What data are you unable to input? I assume that you hold a Client Authorisation signed by the executor client instructing you to withdraw the caveat, that you have conducted a VOI on the executor, have a copy of Probate and all other evidence that you require to satisfy yourself that the executor is authorised to instruct you to withdraw the caveat. Is the difficulty around setting up your client details in PEXA?
ARNECC has published guidance on “right to deal” here. Where the transacting party is an executor you should verify that the conveyancing transaction is contemplated (or authorised) by the Will.
I’m not sure we’ve seen a query like this before and you may want to raise it with ARNECC for inclusion in future versions of the Guidance Notes.
on 13-12-2017 11:07 AM
Thank you for your response.
We understand our obligations around right to deal however it is the input of data into the actual PEXA system that is confusing.
Being that the client is the executor not the actual caveator it does not appear that we are able to enter their details, we could proceed as though the Caveator was still alive and withdraw under his name but this just doesn't seem like it would be the right way to go about the situation even though the executor has authorised same.
We may just contact PEXA support and see if they are able to provide some guidance.