Transmission application by executor, administrator or trustee

Form W-03TA(E) (PDF 292 KB)

Dealing type - TA

Legislation - s72 Water Management Act 2000

Stamp duty - Not required.

WAL Certificate - Required for a deceased registered holder of the WAL. Not required for a deceased term transferee, mortgagee or chargee.

"Additional Information to be Provided" page to be completed in the case of a deceased registered holder or term transferee of the WAL. Not required in the case of a deceased mortgagee or chargee (See below).

Caveat noted on the WAL Folio - If specifically prohibited, refer to the SD6 for service of notice on the caveator

Note  A transmission application is considered to be an instrument of devolution, see s71F(2) Water Management Act 2000.

This form may be used to record the executor, administrator or trustee of a deceased registered holder, term transferee, mortgagee or chargee who is registered in a sole capacity or as a tenant in common.

A Transmission application affecting more than one mortgage or charge involving the same deceased registered holder (eg. the same mortgagee) and applicant is a multiple instrument. See Fees page.

See Transmission application by a beneficiary, devisee or next-of-kin page.

Note  For the purpose of this manual fiduciary capacity consists of executor, administrator or trustee. Non-fiduciary capacity consists of beneficiary, devisee or next-of-kin.

Reference to the capacity of trustee, executor or administrator is acceptable on a transmission application but will not be shown on the WAL title, except for private water trusts.

Written consent

The written consent, where the registered holder of the WAL is affected:

  • of a term transferee is required where a current term transfer is noted on the WAL folio. See s71N(8) Water Management Act 2000.
  • of a mortgagee or chargee is required where a mortgage or charge is noted on the WAL folio. Production of the WAL certificate by the mortgagee or chargee to allow registration of the dealing is acceptable in lieu of written consent. See s71L Water Management Act 2000.

(E) The number of the WAL affected must be stated.

(F) The tenure type of the WAL must be stated and agree with the tenure type shown on the WAL folio, i.e. Continuing, Specific Purpose or Supplementary.

(G) The registered number of the term transfer, mortgage or charge affected by the transmission application must be stated.

(H) The full name of the deceased must be stated and must be identical to the name of the registered holder, term transferee, mortgagee or chargee, as shown on the WAL folio, and to the name of the deceased as shown in the probate or letters of administration.

(I) The full name of the applicant must be stated and must be identical to the name of the executor, administrator or trustee as shown in the probate or letters of administration.

Reference to the tenancy will not be entered on the WAL folio where the application affects a term transfer, mortgage or charge. More than one executor, administrator or trustee will be assumed to hold as joint tenants.

(J) The claiming capacity of the applicant must be indicated.

Where the executor for the deceased has died, the executor of the deceased executor may apply, i.e. 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's estate, new letters of administration must be granted.

The date of death of the deceased must be stated.

The number of the probate/letters of administration and the date of granting must be stated and be identical to that shown on the evidence furnished. The terms that do not apply to the evidence furnished must be deleted and verified.

The date of execution must be stated.

(K) The transmission application must be executed by the applicant and be witnessed, or be executed on their behalf by the following:

  • authorised officer and witnessed or
  • solicitor or barrister.

Note  A licensed conveyancer cannot execute on behalf of the applicant.

See execution requirements for companies, witnesses etc pages. Note  Requirements are the same as for Real Property Act dealings except where otherwise stated.

The "Evidence sighted and returned" panel at the bottom of the transmission application form must be completed and the type of evidence, i.e. original or copy, must be indicated. The evidence must be returned to the appropriate party. If the transmission application is to be referred elsewhere before registration, the evidence or a photocopy thereof should be kept with the WAL dealing.  Note  A Death Certificate is not acceptable evidence as the claiming capacity of the applicant is not stated.

The transmission application must be accompanied by evidence in the form of the probate, letters of administration, or a copy thereof certified by a solicitor, barrister, 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). A Probate Division office copy or exemplification of the will is acceptable.  The evidence must indicate to whom and in what capacity the applicant is to hold the WAL, or term transfer, mortgage or charge.  Note  A Death Certificate is not acceptable evidence as the claiming capacity of the applicant is not stated.

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.

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.

Additional Information to be Provided

Separate details must be provided for each licence affected by the application.

If the address details are the same for each licence, the first panel only must be completed and 'as above' entered in the following panels.

A contact licence holder must be nominated for each licence. A contact licence holder is the licence holder to whom notices and other correspondence will be sent and who will receive invoices relating to the fees and water charges associated with the licence. Where there are multiple licence holders, one only must be nominated. Where the contact licence holder is a corporation its ABN, ACN or ARBN must be provided. The contact licence holder's daytime telephone number during must be provided. It will be used by the licence regulator or water delivery authority to seek any necessary clarification of information relating to the licence.

The form must be signed by or on behalf of the applicant(s) as on the application form itself. The signature(s) need not be witnessed.

If the space provided is insufficient additional sheets should be attached in the same format as this sheet.

Staff processing information

Refer all dealings to SD31

For SD6

Refer to Legal through the Senior Examining Officer

  • where the applicant claims as a trustee.
  • where the application is based on double probate.
  • where executors, administrators or trustees claim as tenants in common.

Registration procedure

Affecting a deceased registered holder

CODE (name)    P, C or Q  [name of applicant; include all current registered holders]

TENANCY    S, J2 etc, T etc.

Affecting a deceased term transferee

TRANSACTION    click 'Cancel' and select 'UNDR'

PRIME CODE    code of term transfer as shown on the register

PRIME NO.    number of term transfer

SUB CODE UWTTT

CODE (name)    P, C or Q  [name of applicant; include all current term tranferees].

Affecting a deceased mortgagee or chargee

RP DETAILS    click Cancel

TRANSACTION    MOD

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 all current mortgagees or chargees].

DETAILS  (See [dealing numbers of previous notifications that changed mortgagee or chargee] [number of Transmission Application]).

Note: Previous under notifications that changed the mortgagee/chargee must be removed by Departmental Dealing. The dealing numbers of the removed notifications must then be added to the oncoming Transmission dealing number in the free text field in chronological order, e.g: AA123 Mortgage to Smith Bank Pty Ltd. See dealings AB456 AC789

Processing Additional Information to be Provided form

CODE        WADDR

DETAILS    [Contact licence holders details for each WAL as shown on Additional information to be provided sheet.]