Upon the death of a registered proprietor (other than if he or she holds as a joint tenant), the personal representative must call in the property (or the relevant interest). A Transmission Application (or Transmission by Death) involves the registration of an estate in the name of a new registered owner or holder of an interest after the death of a sole registered owner, sole holder of an interest, or the interest of a tenant in common.
If, at the time of death, the deceased held a lot or an interest with another or others as ‘joint tenants’, his/her death effects an immediate vesting of the deceased’s lot or interest in the surviving joint tenant/s. This principle is called ‘the right of survivorship’ and it operates until there is a sole survivor who thereby acquires sole ownership of the asset notwithstanding any provision in any will. To register the property in the name of the surviving tenant, it is necessary to lodge the appropriate form with the Department of Natural Resources and Mines to record the death.
Our expert team of property and estate lawyers can guide you through the requirements necessary for the transfer of the title to the property and with estate administration.
