Notice of death
Form 02ND (PDF 100KB)
Dealing type - ND
Legislation - s101 Real Property Act 1900
Stamp Duty - not required
Certificate of Title - required. Note The titles for the life estate and the estate in remainder are required where a life estate is being terminated.
Not required for a deceased lessee, mortgagee or chargee.
NOS form - required for:
- a change of the First Schedule
- a change of the lessee of a Crown land tenure Term Lease or Crown land Real Property Act lease.
Panels 1, 2, 3B and 5 require completion.
- for a time-share title, minerals or coal
- if affecting a remainderperson.
Standard form of Caveat - prevents registration if the caveator claims through the deceased joint tenant's estate.
A caveat by the NSW Trustee and Guardian protecting the estate of a deceased registered proprietor will be lapsed on registration of a notice of death for that deceased registered proprietor.
A notice of death affecting a lease carried forward as a subsisting interest, ie 'Bk ... No. ... Lease To ...' must either:
- be registered as a deed in the General Register of Deeds and a Request form 11R together with an Old System search showing the party entitled to deal with the lease must be lodged to record the interest. A change in proprietorship must be registered in the General Register of Deeds. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [390.100]. Note The Notice Of Death form 02ND cannot be registered in this instance or
- be accompanied by:
- an Old System search of the leasehold title and
- a statutory declaration made by the person who undertook the Old System search of the leasehold title stating:
- their qualification
- that he or she has inspected all deeds since the leasehold title was created to the present time
- the registered Book and No. and type of all instruments inspected to show the leasehold title has not expired and
- the registered Book and No. and type of all instruments to which the leasehold estate is subject.
A notification (code ULD): 'Devolution Of Lease' is entered in the Second Schedule and all further transactions affecting the lease may be lodged on a Real Property Act form and do not require further evidence of devolution.
Refer to Legal through the Senior Examining Officer in both instances.
A Notice of Death affecting more than one lease, mortgage or charge involving the same deceased joint tenant (eg. the same mortgagee) and surviving joint tenant is a multiple instrument. See Fees page.
Note A Transmission Application form 03TA together with the probate or letters of administration may be accepted in lieu of a Notice of Death form 02ND provided the applicant is the surviving joint tenant. The Transmission Application form heading should be modified to be pursuant to s101 Real Property Act 1900 and be registered as a notice of death.
Note The estate or interest of a company that is dissolved passes to the surviving joint tenant by means of a Request form accompanied by a certificate of dissolution of the company from the Australian Securities and Investment Commission (ASIC), see s25(2) Conveyancing Act 1919.
See Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 re:
- joint tenants [5.30]
- statutory machinery in section 101 [5.300]
- commentary on the approved form - Notice of Death [5.310]
- evidence to support a Notice of Death [5.320]
- interplay between a caveat and a Notice of Death [5.330 – 5.360]
Also see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [70.700].
(A) The reference to title for the affected land must be stated.
Where a life estate is being terminated the references to title of the life estate and estate in remainder must be stated where separate titles exist.
(B) The registered number of the lease, mortgage or charge affected by a notice of death must be stated. A lease must still be current regardless of any options. The reference to title for the affected land must be stated.
(D) The full name of the deceased joint tenant must be stated and must be identical to the name of the registered proprietor of the estate or interest affected as shown on the Register. Where a discrepancy exists, a statutory declaration accounting for it must be furnished
If a life estate is being terminated the life tenant etc must be identified as such.
(E) The full name of the surviving joint tenant must be stated and must be identical to the name of the registered proprietor of the estate or interest affected as shown on the Register. Where a discrepancy exists, a statutory declaration accounting for it must be furnished together with the appropriate supporting evidence.
If a life estate is being terminated the remainderperson must be identified as such and be identical to the remainderperson as shown on the Register.
Note Tenancy cannot be changed as regards the survivorship nor can new parties be added.
(F) The terms which do not apply must be deleted and verified, and the date of death and the number of the death certificate must be stated.
The Death Certificate of the deceased owner or a copy is required. An original Death Certificate is only required as evidence and will be sighted and returned after lodgment of the above documents.
A Coroner's report or Medical Certificate certifying death and signed by a doctor is acceptable providing explanation is given as to the unavailability of the Death Certificate.
Note A notice of death lodged by the NSW Trustee & Guardian does not require evidence of death.
A statutory declaration is required stating the details where a life estate is determined by the happening of a specified event. Where a life tenant has a power of appointment evidence is required as to the non-exercise of the power.
(G) The dealing must be executed by the surviving joint tenant or remainderperson (less than all of the surviving joint tenants or remainderpersons may execute the dealing) and witnessed, or be executed on the joint tenant's behalf as follows:
|Attorney and witnessed||Solicitor or Barrister||Licensed Conveyancer|
|Surviving joint tenant|
(H) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to LPI through the eNOS facility.
Staff processing information
If in order proceed with registration except for the following.
Refer to SD2
A notice of death affecting a lease held by SD2.
Refer to SM99
A notice of death affecting manual titles for a life estate and estate in remainder for creation of a new title.
Refer to SQ99
A notice of death affecting a life tenant where notifications in the Second Schedule referring to the estate in remainder etc require amendment.
Refer to Legal through the Senior Examining Officer
A notice of death:
- affecting a Book and No. lease accompanied by evidence of devolution of the lease.
- terminating a life estate upon the happening of a specified event.
Refer to SM98
Where the Notice of Death affects a mortgage or charge and there are notifications recorded under the mortgage or charge that changed the ownership of the mortgage/charge or changed the name of the mortgagee/chargee.
CODE (name) P, C or Q [name of surviving joint tenant; include all current registered proprietors]
TENANCY S, J2 etc, T etc.
Affecting a lease
RP DETAILS click Cancel
PRIME CODE code of lease as shown on the Register
PRIME NO. number of lease
UCLND (Crown land lease - for NOS purposes)
CODE (name) P, C or Q [name of surviving joint tenant; include all current registered proprietors].
Affecting a mortgage or charge
RP DETAILS click Cancel
PRIME CODE code of mortgage or charge as shown on the Register
PRIME NO. number of mortgage or charge
CODE (name) P, C or Q [name of surviving joint tenant; include all current mortgagees or chargees]
DETAILS (See [dealing numbers of previous notifications that changed mortgagee or chargee] [number of Notice of Death]).
Affecting a Book and No. lease with satisfactory evidence of devolution
ADD. TRANSACTION UNDR
PRIME CODE code of lease as shown on the Register
PRIME NUMBER number of lease
SUB-CODE ULD (Devolution Of Lease)