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If the property is in VIC, then s13 Administration and Probate Act 1958 (VIC) Real estate to vest in executors and administrators - upon the grant of probate or administration http://www.austlii.edu.au/au/legis/vic/consol_act/aapa1958259/s13.html

Who is 'their'? The house is basically vested in the state now. that is the state govt owns it unless either probate is granted or administration is granted. Nobody would have authority to make this decision. What would happen, for example, if they allowed this to happen and then a later will...

Thats right - the executor is not actuall executor until appointment by the court. Until this happens the estate is in a limbo (a bardo for Tibetan speakers!). Bank accounts will be frozen at death and cannot be used or accessed. (if it is a small account some banks may just allow access on...

They can't. At the moment no one has any legal authority to complete the transaction. Even if there is a will with an executor named the executor is not appointed and not able to do anything until the court authorises him or her. The will has to be 'proved' - it may not even be the valid will...

Solicitor sounds negilgent in at least 2 aspects. 1. Not properly advising up front of the risks of the vendor dying, especially if he was acting through an attornney or financial controller. 2. Not property advising you once he knew about the death. and probably 3. not properly...

These things happen... Did you have a special condition relating to death or bankruptcy by either party? Probate needs to be granted before anything can happen because the person you had a contract with is not around to complete it. Probate is the courts appointing someone as the legal...