Transmission application by executor, administrator or trustee
Form 03AE (PDF 110KB)
Dealing type - AE
Legislation - s93 Real Property Act 1900
Stamp duty - not required.
Certificate of Title - required; except in the case of a deceased lessee, mortgagee or chargee in which case it is not required.
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
- for a change of the Second Schedule
- affecting a remainderperson.
Standard form of Caveat - does not prevent registration.
A caveat by the NSW Trustee and Guardian protecting the estate of a deceased registered proprietor will be lapsed on registration of a transmission application for that deceased registered proprietor.
See Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 re:
- tenants in common [5.20]
- when to use the transmission application [5.60] and [5.270]
- the applicant’s capacity on a transmission application and the schemes of ownership available [5.50]
- apply in one capacity [5.130]
- who may apply? - statutory machinery in section 93 [5.70]
- evidence to be lodged in support of a transmission application by an executor, administrator, trustee and beneficiary [5.80] – [5.120]
- the consent of the executor or administrator [5.140]
- conditional or limited grants of probate [5.180]
- foreign grants of representation [5.190]
- completion of the transmission application by executor, administrator or trustee form [5.280]
- completion of the transmission application by devisee, beneficiary or next-of-kin form [5.290]
- interplay between a caveat and a transmission application [5.330] – [5.360].
An application affecting a lease carried forward as a subsisting interest (shown on the folio of the Register as "Bk ... No. ... Lease To ...") is acceptable for lodgment only under one of the following two conditions:
- Where it is 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 Transmission Application form 03AE cannot be registered in this instance.
- Where it is accompanied by:
- a search of the Old System 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 may be embodied in a Real Property Act dealing form and do not require further evidence of devolution.
(A) The reference to title for the affected land must be stated.
(B) The registered number of the lease, mortgage or charge affected by a transmission application 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 registered proprietor 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, and to the name of the deceased as shown in the probate etc.
Note A transmission application claiming in a fiduciary capacity may be followed later by a transmission application claiming in a non-fiduciary capacity (alternatively, the executor etc may transfer the estate or interest to the beneficiary). The earlier transmission application must show:
- that the deceased registered proprietor is the same as the deceased in the probate etc accompanying the later transmission application; and
- the current registered proprietor holds in a fiduciary capacity.
(E) The full name of the applicant must be stated.
A bankrupt executor or the Official Trustee in Bankruptcy cannot apply.
If tenancy is not stated where more than one applicant claims as executor, administrator or trustee, they will be recorded as joint tenants.
(F) The claiming capacity of the applicant must be stated. The applicant must claim in one capacity only.
Where the executor for the deceased registered proprietor has died, the executor of the deceased executor may apply, ie executor by representation. The probate of the deceased executor must be furnished. Note The executor of a deceased administrator cannot apply as executor for the deceased registered proprietor's estate or interest.
The date of death of the deceased registered proprietor must be stated. The number of the probate/letters of administration, date of grant and the name of the person to whom the grant was made must be stated and be identical to the evidence furnished. The terms that do not apply must be deleted and verified.
The transmission application must be accompanied by evidence of the applicant's right to be registered as proprietor. Such evidence must be either:
- the relevant probate, letters of administration, or a copy thereof certified by a solicitor, barrister, licensed conveyancer, justice of the peace, or an authorised employee of an organisation (a stamp identifying the organisation must be affixed and the name and capacity of the employee must be stated) to be a true copy; or
- a Probate Division office copy or exemplification of the will.
The evidence must indicate to whom and in what capacity the applicant is to hold the land or interest.
Note A Death Certificate is not an acceptable substitute for the evidence specified above.
A probate granted in another State must be re-sealed by the Probate Division of the Supreme Court of NSW.
Where a limited or contingent grant of probate or letters of administration is furnished, a statutory declaration is required to establish that the grant has not been terminated by the happening of the subject event. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [170.450].
Where the NSW Trustee and Guardian is the executor or administrator of an estate, a certificate under s122 NSW Trustee and Guardian Act 2009 may be lodged in place of the probate or letters of administration.
An application by trustees must be accompanied by:
- a statutory declaration stating that the executorial duties have been completed; and
- the deed of appointment or other document through which the trustee claims.
(G) The dealing must be executed by the applicant and be witnessed, or be executed on the applicant's behalf by the following:
- solicitor or barrister
- authorised officer and witnessed
- licensed conveyancer
(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 transmission application affecting an SD2 lease.
Refer to Legal through the Senior Examining Officer
- where the applicant claims as a trustee.
- where an earlier Transmission Application has been registered (ie double probate has been granted).
- where the applicants as tenants in common.
- affecting a Book and No. lease accompanied by evidence of devolution of the lease.
CODE (name) P, C or Q [name of applicant; include all current registered proprietors]
TENANCY S, J2 etc.
Affecting a lease or mortgage
RP DETAILS click Cancel
PRIME CODE code of lease or mortgage as shown on the Register
PRIME NO. number of lease or mortgage
UCLTA (Crown land lease - for NOS purposes)
CODE (name) P, C or Q [name of applicant; include all current lessees etc].
Affecting a charge
RP DETAILS click Cancel
PRIME CODE code of charge as shown on the Register
PRIME NO. number of charge
SUB CODE UA
DETAILS Transmission. Chargee Now [names of all current chargees].
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)