Applicant is the executor or administrator of the deceased sole proprietor or tenant in common

Form 12PV (PDF 164 KB)

Dealing type - PV

Legislation - s111 Real Property Act 1900

Stamp duty - not required

Certificate of Title - required where the certificate of title is laminated or damaged

NOS form - not required. 

Standard form of Caveat - does not prevent registration.

Priority Notice noted on the Register - see Priority Notice page.

Types of applications accepted 

An application for replacement Certificate of Title form 12PV will be accepted if the certificate of title is lost, destroyed, damaged or laminated. 

Where an Application for Replacement Certificate of Title form 12PV is lodged for replacement of a damaged or laminated title and the Reference to Title and Certificate Authentication Code (if any) are legible, reference to s111 will not be recorded on the replacement certificate of title issued.

Use of an Application for Replacement Certificate of Title form 12PV is not appropriate where the certificate of title is held by some person not entitled to its custody, Request form 11R (PDF 131 KB) for production of the title.

For further information on completion of the application form see fact sheet Application for replacement Certificate of Title (PDF 247 KB).

The following instructions relate to the marginal letters on the form:

(A)  The reference to title must be stated. More than one certificate of title may be included in the application providing:

  • they are all in the name of the same registered proprietor and
  • they were lost, damaged or destroyed in the same circumstances.

(B)  The full details of the lodging party must be entered including the customer account number if any.

(C)  The full name of the registered proprietor must be stated and must be identical with the name shown on the Register. Where the name of a registered proprietor has changed a Change of Name form 10CN must be lodged.

(D)  The full name of the applicant(s) (executor/administrator) must be stated.

(E)  The appropriate box on the form must be ticked.

(F)  The appropriate box on the form must be ticked.

(G)  The Application must be executed by the executor or administrator and be witnessed.

Supporting evidence required

  • The probate or letters of administration of the deceased registered proprietor. Where only evidence of the appointment is furnished, a requisition will be raised requesting the lodgment of a Transmission Application.
  • The current Council rate notice, water rate notice, or a certified copy thereof for the subject land. A water rate notice will only be accepted in lieu of a Council rate notice where council will not issue a replacement notice. A s603 certificate issued by Council is not acceptable in lieu of a rate notice.
  • A statutory declaration by the executor or administrator of the deceased registered proprietor and by all other registered proprietors. The statutory declaration must:
    • refer to the current title reference of the missing Certificate of Title
    • trace the certificate of title to the person or organisation last known to have had possession of it. With the exception of the deceased registered proprietor, that person or an authorised officer of the organisation must declare fully the circumstances relating to the loss or destruction of the title.
      Where however, the party known to have had possession of the title is an organisation, other than the applicant, a statutory declaration from that organisation is not required if possession was obtained more than seven years ago.
    • if destruction cannot be positively established, the usual practice in regard to the safe custody of the certificate of title must be stated and that a search of all likely places where it could be held has been made
    • if the certificate of title has been lost in the post or while in possession of a courier service or the Document Exchange (DX), a written reply to enquiries directed to the relevant organisations and the results of searches conducted must be annexed.
    • if the certificate of title has been stolen or destroyed in a fire, the police event report number for the theft or the Fire Brigades report of the fire is required
    • state the particulars of any unregistered mortgage, charge or covenant charge affecting the land. A statutory declaration by the mortgagee or chargee is required.
    • state that the certificate of title is not held by any person or company as security for a loan or any other purpose
    • state that the registered proprietor has never been bankrupt or insolvent and has not assigned the estate for the benefit of creditors and
    • state that the rate notice, water rate notice, or a certified copy thereof, is for the subject land. Where the council will not issue a replacement notice & a water rate notice is lodged in lieu of a council rate notice, a statement to that effect must be included in the statutory declaration.
  • Corroborative evidence of the loss and of any searches or enquiries made, if appropriate.
  • Where a caveat is recorded on the Register and the caveator is claiming as an unregistered mortgagee or chargee, a statutory declaration by the caveator stating that the caveator is not in possession of the certificate of title.

Note  The Council rate notice is not required for a time share title.

Identification required

The Conveyancing Rules standardised formal verification of identity and authority (right to deal) requirements.

Original or certified copies of documents produced must be current, except for an expired Australian Passport which has not been cancelled and was current within the preceding 2 years.  Any doubts see Supervisor / Team Leader. 

The minimum documentation required for the applicant(executor/administrator) must meet all the requirements in one of the Categories below: 

Category

Minimum Document Requirements


For Persons who are Australian citizens or residents:     

1

Australian Passport or foreign passport

plus Australian drivers licence or Photo Card

plus change of name or marriage certificate if necessary 

2

Australian Passport or foreign passport

plus full birth certificate or citizenship certificate or descent certificate

plus Medicare or Centrelink or Department of Veterans’ Affairs card

plus change of name or marriage certificate if necessary

 3

 Australian drivers licence or Photo Card

 plus full birth certificate or citizenship certificate or descent certificate

 plus Medicare or Centrelink or Department of Veterans’ Affairs card

 plus change of name or marriage certificate if necessary

4

 (a) Australian Passport or foreign passport

 plus another form of government issued photographic identity Document

 plus change of name or marriage certificate if necessary

 (b) Australian Passport or foreign passport

 plus full birth certificate

 plus another form of government issued identity Document

 plus change of name or marriage certificate if necessary

 5

 (a) Identifier Declaration

 plus full birth certificate or citizenship certificate or descent certificate

 plus Medicare or Centrelink or Department of Veterans’ Affairs card

 plus change of name or marriage certificate if necessary.

 (b) Identifier Declaration by a Person specified in Verification of Identity

 Standard paragraph 4.4(e)*

 plus Medicare or Centrelink or Department of Veterans’ Affairs card

 plus change of name or marriage certificate if necessary.

 

Note: Refer to Verification of Identity Standard paragraph 4* 

   For Persons who are not Australian citizens or residents:
 6

 (a) Foreign passport

 plus another form of government issued photographic identity Document

 plus change of name or marriage certificate if necessary

 (b) Foreign passport

 plus full birth certificate

 plus another form of government issued identity Document

 plus change of name or marriage certificate if necessary. 

*Paragraph 4.4(e) Schedule 8 NSW Participation Rules for Electronic Conveyancing

Note

  • If categories 1 to 4 cannot be met, Category 5(a) may be used (see Identifier Declaration below).
  • A document containing text in a foreign language must be accompanied by an English translation.  The translation must be signed on each page by the interpreter and be identified as an accurate translation of the document.
  • A ceremonial marriage certificate is not acceptable as supportive evidence.

A copy which is certified in NSW must be certified by one of the following:

  • a justice of the peace
  • a notary public
  • a commissioner of the court for taking affidavits
  • a solicitor authorised by subsection (1) of section 27, Oaths Act 1900 to take and receive any affidavit
  • another person by law authorised to administer an oath.

 Identifier Declaration

An Identifier Declaration certifies the identity of the person being referenced. The identity of the declarant must be supported by original or certified copies of documentation that meets all of the requirements in one of the categories numbered 1 to 4 in the table above.

The Identifier Declaration is in the form of a Statutory Declaration detailing the following:

  • the Identity Declarant’s name and address and
  • the Identity Declarant’s occupation and
  • the Identity Declarant’s date of birth and
  • the nature of the Identity Declarant’s relationship with the Person Being Identified and
  • that the Identity Declarant is not a relative of the Person Being Identified and
  • that the Identity Declarant is not a party to the Conveyancing Transaction(s) the Person Being Identified has or is entering into and
  • the length of time that the Identity Declarant has known the Person Being Identified and
  • that to the Identity Declarant’s knowledge, information and belief the Person Being Identified is who they purport to be.

If category 5(a) cannot be met, Category 5(b) may be used and -

The Identifier Declaration must be made by a person who is an Australian Legal Practitioner, a Bank Manager, Community Leader, Court Officer, Doctor, Land Council Officeholder, Licenced Conveyancer, Local Government Officeholder, Nurse, Public Servant or Police Officer.

Private lodging party

A private lodging party, i.e. a lodging party other than a financial institution, law stationer, licensed conveyancer or solicitor, who does not have an LPI document collection box, must provide:

  • photo identification in the form of a current Australian driver licence, RMS photo card or current Australian passport or certified copy thereof
  • the day time telephone number of the witness to the execution by the applicant
  • an accompanying statutory declaration to explain any difference between the postal address given for delivery and the address for service of notice shown on the rate notice.

All applications lodged by a private party will not be accepted for lodgment but will be referred directly to the Senior Examination Officer.

Requests for urgency

Immediate delivery of the replacement certificate of title is not available.  Requests for urgency will not be considered. Expected time for processing of the application is approximately two working days providing the application proves to be in order for registration.

Non-delivery of Crown Grants or Certificates of Title

Inquiries should be made at the Client Services Counter if the affected folio of the Register contains a Note (NB) referring to the retaining, i.e. non-delivery of a Crown Grant or certificate of title. If the Crown Grant or certificate of title is located in LPI it will be delivered to the appropriate party on receipt of a statutory declaration explaining the reason of non-delivery and photo ID from the delivery party recorded in LPI.  An Application for Replacement Certificate of Title form 12PV is not required. 

Staff processing information

Check the name and address shown on the Council rate notice for the property with VALNET. Where a discrepancy exists the matter should be referred to SD61 or SD62 for further investigation.

Refer to SM99

Creation of a replacement manual certificate of title.

Refer to Team Leader, for approval

An application accompanied by a transfer lodged by a private party

Registration procedure

Replace lost or destroyed title

PRIME CODE: PV

Note  The application must not be registered 'HIST' with following dealings. A copy of the rate notice and identification documents etc. must be given an Evidence Number at time of registration.

Replace damaged or laminated title

TRANSACTION    HIST

DELIVERY DETAILS    as required.