In Legal Updates

PIC.1It may become necessary, from time to time, to register a mortgage bond over property registered in the name of a deceased person. However our law restricts an executor or representative of a deceased estate to register a mortgage bond over a property in a deceased estate, unless this was authorised by the terms of the Will of the testator.

In the absence of such authority in favour of the executor or representative of the deceased’s estate in the Will, it is necessary to obtain a court order to register such mortgage bond.

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