Is A Proxy Entitled To Vote on Behalf of the Estate of A Deceased Lot Owner?

I have recently been asked about whether a proxy can attend a general meeting of an owners corporation and vote on motions on behalf of the estate of a deceased lot owner.

In our view a proxy could vote on behalf of the estate of a deceased lot owner in the following circumstances:

• If the estate of the deceased lot owner has obtained a grant of probate of a Will which gives the executor of the deceased lot owner’s estate the authority to act on behalf of the deceased lot owner’s estate and the executor gives a proxy to he proxy holder;

• If the estate of the deceased lot owner has obtained a grant of letters of adminstration which gives the administrator of the deceased lot owner’s estate the authority to act on behalf of the deceased lot owner’s estate and the administrator gives a proxy to the proxy holder; or

• A member of the family of the deceased lot owner or a relative becomes the registered proprietor of the deceased owner’s lot and gives a proxy to the proxy holder.

If you have any queries about the validity of a proxy, please feel free to contact us at michael.pobi@pobilawyers.com

Please note that the information contained in this article is not legal advice and should not be relied upon. You should obtain legal advice before you take any action or otherwise rely upon the contents of this article.