Minors

A dealing by or in favour of a minor must not disclose the date of birth or age of the minor. A certified copy of the minor's birth certificate must accompany the dealing and will filed as evidence.

Dealings by a minor

The following applies to Torrens Title land and Water Access Licences.

A dealing by a minor will not be registered unless:

  • it is authorised by an Order of Court or by a statute or
  • it is supported by a certificate given by an independent solicitor or the Public Trustee pursuant to s28 Minors (Property and Contracts) Act 1970. The certificate must state that:
    • the minor understands the intention and effect of the dealing
    • the minor makes the dealing freely and voluntarily and
    • the consideration is not manifestly inadequate.

See execution by or on behalf of a minor page.

See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [350.400].

Dealings in favour of a minor

The following applies to Torrens Title land and Water Access Licences.

Any dealing in favour of a minor, i.e. a person below the age of 18 years, must include the words 'a minor' after the name.

A minor cannot be appointed as a trustee. Any dealing involving a trustee who is known to be a minor will not be registered. See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [350.700].

A dealing in favour of a minor will not be registered unless:

  • it is authorised by an Order of Court or by a statute or
  • it is supported by a certificate given by an independent solicitor or the Public Trustee pursuant to s29 Minors (Property and Contracts) Act 1970. The certificate must state that:
    • the minor understands the intention and effect of the dealing
    • the minor makes the dealing freely and voluntarily and
    • the consideration is not manifestly excessive.

The notification entered on the title will include the words '(a minor)' after the name of the person.

When the person has attained the age of 18, the words '(a minor)' will be removed from the title:

  • on registration of any dealing accompanied by evidence of the age of the person, or
  • pursuant to a specific request made on form 11R and accompanied by evidence of the age of the person.

See execution by or on behalf of a minor page.

See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [350.250].