Succession Act 1965 section 51

Protection of purchasers

Section 51 protects people who purchase property from a deceased person's estate, ensuring they can hold that property free from the deceased's debts and beneficiaries' claims.

• A purchaser who buys directly from personal representatives holds the property free from the deceased's debts and liabilities (except charges not created by the will) and free from beneficiaries' claims, with no obligation to monitor how the purchase money is used.
• Where unregistered property has been transferred by personal representatives to another person and that person then sells it on, the subsequent purchaser also holds the property free from creditors' and beneficiaries' claims.
• The protection for onward purchasers applies to all property except land registered under the Registration of Title Act 1964, meaning the purchaser does not need to verify that the seller was properly entitled to receive the property from the estate.
• These protections apply regardless of whether the deceased died before or after the commencement of the Act, and only extend to purchasers acting in good faith who acquire property for valuable consideration in money or money's worth.