Under LP(MP) 1994, S17 states that if a notice to complete is served without knowledge of the recipient's death, the notice remains valid. Which of the following is true?

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Multiple Choice

Under LP(MP) 1994, S17 states that if a notice to complete is served without knowledge of the recipient's death, the notice remains valid. Which of the following is true?

Explanation:
A notice to complete is a unilateral demand in a property sale that asks the other party to complete by a set date. Under LP(MP) 1994 section 17, if it is served without the purchaser’s death being known at the time, the notice remains valid. The reason is that the contract continues to bind the parties, and the deceased’s estate (the personal representatives) can step into the shoes of the purchaser to fulfill the contract. Death does not automatically defeat the notice simply because it occurred before knowledge of the death; the estate can carry on with completion under the notice when properly enforceable. So, the correct view is that the notice remains valid. It recognizes that the sale can still proceed through the deceased party’s executors or administrators, rather than nullifying the notice or requiring a fresh one.

A notice to complete is a unilateral demand in a property sale that asks the other party to complete by a set date. Under LP(MP) 1994 section 17, if it is served without the purchaser’s death being known at the time, the notice remains valid. The reason is that the contract continues to bind the parties, and the deceased’s estate (the personal representatives) can step into the shoes of the purchaser to fulfill the contract. Death does not automatically defeat the notice simply because it occurred before knowledge of the death; the estate can carry on with completion under the notice when properly enforceable.

So, the correct view is that the notice remains valid. It recognizes that the sale can still proceed through the deceased party’s executors or administrators, rather than nullifying the notice or requiring a fresh one.

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