Minors

Note The execution of a dealing by or in favour of a minor must not disclose the date of birth or age of the minor.

Execution of a dealing by a minor

Te following applies to Real Property Act dealings, Water Access Licence dealings and the General Register.

A dealing or document by a minor may be executed by:

  • the minor or
  • the minor's father and mother, and their capacity must be stated. Execution by only one parent, or by persons in another capacity requires supporting evidence to show they have the parental responsibility for or the guardianship of the minor.

The dealing or document by a minor must be authorised by an Order of Court or statute, or be accompanied by a certificate given by an independent solicitor or the Public Trustee pursuant to s28 Minors (Property and Contracts) Act 1970.

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

Execution of a dealing in favour of a minor 

The following applies to Real Property Act dealings, Water Access Licence dealings and the General Register.

A dealing or document in favour of a minor may be executed by:

  • the minor
  • the minor's father and mother, and their capacity must be stated. Execution by only one parent, or by persons in another capacity requires supporting evidence to show they have the parental responsibility for or the guardianship of the minor or
  • the minor's solicitor.

A dealing or document in favour of a minor must be authorised by an Order of Court or statute, or be accompanied by a certificate given by an independent solicitor or the Public Trustee pursuant to s29 Minors (Property and Contracts) Act 1970.

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