Notice of death

Form W-02ND (PDF 317 KB)

Dealing type - ND

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 Senior Examining Officer for service of notice on the caveator.

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

A notice of death is applicable where a registered holder, term transferee, mortgagee or chargee of a WAL holding as a joint tenant has died. This form can also be used where a company holding as a joint tenant is dissolved.

Where the deceased holds as a tenant in common, a Transmission Application form W-03TA(B) or (E) must be lodged.

A Notice of Death affecting more than one mortgage or charge involving the same deceased joint tenant (e.g. the same mortgagee) and surviving joint tenant is a multiple instrument. See Fees page.

A notice of death cannot:

  • alter the tenancy and shares between other registered holders, term tranferees, mortgagees or chargees or
  • add new parties to the WAL.

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 notice of death must be stated.

(H)  The full name of the deceased joint tenant 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.

(I)  The full name of the surviving joint tenant must be stated.

Tenancy cannot be changed as regards the survivorship nor can new parties be added by this dealing.

(J) The appropriate term must be deleted and verified, and the date of death and the number of the death certificate must be stated.

(K)  The notice of death must be executed by the surviving joint tenant and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed, or
  • authorised officer and witnessed, or
  • solicitor or barrister.

Note  A licensed conveyancer is not permitted to sign on behalf of the surviving joint tenant.

Evidence of the death of the registered proprietor is required in the form of:

  • a Death Certificate, or
  • a copy of the Death Certificate, or
  • a Coroner's report or Medical Certificate certifying death and signed by a doctor together with an explanation as to the unavailability of the Death Certificate.

Note  A notice of death lodged by the Public Trustee does not require evidence of death.

Additional Information to be Provided

Separate details must be provided for each licence affected by the notice of death.

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 surviving joint tenant(s) as on the notice of death 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 dealing to SD31.

SD6 - Refer to the Senior Examining Officer

For approval where a Coroner's report or Medical Certificate certifying death is furnished.

SD6 - Registration procedure

Affecting a deceased registered holder

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

TENANCY    S, J2 etc, T etc.  For forms of notification.

Affecting a term transfer

TRANSACTION    click 'Cancel' and select 'UNDR'

PRIME CODE    code of term transfer as shown on the WAL folio

PRIME NO.    number of term transfer

SUB CODE    UWTTD 

CODE (name)    P, C or Q [name of surviving joint tenant; include all current term transferees].

Affecting a mortgage or charge

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 surviving joint tenant; include all current mortgagees/chargees].

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

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 Notice of Death 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.]