On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Family arrangement

ADIS Code - FA

A family arrangement is an agreement as regards the distribution of the assets of a family.

There are three types of family arrangement:

1. an agreement between the parties and land is not affected

2. an agreement between the parties and land is affected but not conveyed or vested. 

Reference to a future conveyance or vesting may be included in the agreement

3. an agreement between the parties and land is conveyed or vested (including to a third party). 

The family arrangement document may convey or vest Old System land if so drawn.

See Conveyance pursuant to a family arrangement page.

Lodgment requirements

Stamp duty - Required if the arrangement affects land. If not marked, Registration insisted upon is prohibited.

Not required if the arrangement does not affect land.

Registration copy - Required.  If unacceptable, Registration insisted upon is prohibited.

Statement of Title Particulars form - Required if Old System land is being conveyed or vested.  (NSW LRS Use: if a current CA exists or exemption from raising a CA is granted.)

NOS form - Required if Old System land is being conveyed or vested.

Index Particulars form (completion)

(A) Lodging Party  - Must be completed.

(B) Instrument - Family Arrangement (Deed of)

(C) Locality - The situation of the land if affected.

Link Conveyance - For the Old System land if affected.

Principal Deed - Not required.

(D) Indexing - All parties, except for a beneficiary if Old System land is affected.

(E) Certification - Required.

Document requirements

Date:  must be dated with the date of execution.  If not dated advise the lodging party.  If a date is not furnished, indicate Registration insisted upon and include the reason.

Name:  the full names (initials are acceptable) of the parties involved are required.  Advise the lodging party of any discrepancies in names. 

Locality:  required if land is affected.  The situation of the land.

Land Description:  required.  Determine if the affected land is Old System or other (see IPF).  Where Old System land is affected it must be described by reference to:

  • a metes and bounds description
  • another registered instrument
  • a plan attached
  • a Government Gazette notice or
  • a lot or parcel in a subdivision.

Link Conveyance:  required if Old System land is affected.  The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000.  Whole or part must be established.

Execution:

If Old System land is not conveyed or vested:  by all the parties involved.  A power of attorney must be registered if land or shares are involved.

If Old System land is conveyed or vested:  by all the parties involved, except for the purchaser or party beneficially entitled.  A power of attorney must be registered.  The purchaser or party beneficially entitled does not have to sign.

Attestation:  required.  Must be witnessed by a person of 18 years of age or older who is not a party to the document.

IPF:  must be completed.

Staff processing information

A family arrangement affecting a registered document must be entered under the General Frame, ie. code "G", with a Noting: "Family arrangement affecting [type of document and registered number]".  Enter the affected document number in the Principal Deed field.  Enter all parties as Vendors entries.

Noting    Required where the arrangement affects part of the land, an interest/share, includes a plan, or Torrens Title land.

CA    Required if Old System land is being conveyed or vested.  (NSW LRS Use: if a current CA exists or exemption from raising a CA is granted.)

Indexing

Locality:  required if land is affected.  The situation of the land.

Link Conveyance:  required if Old System land is affected.  The last conveyance or acknowledgment prior to Book 4000.  Indicate whole "W" or part "P".

Principal Deed:  nil.

Noting:  "Affecting [description of the assets]".

If Old System land is affected and:

  • an interest, state: "interest in" (or Noting Code: "I")
  • a share, state: "[fraction] share"
  • part of the land, state: "[affected land description]"
  • the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").

If Real Property Act land is affected, state "Affects RPA land".

V:

If Old System land is not conveyed or vested:  all the parties involved, deceased estates or trusts, and any variations thereof.

If Old System land is conveyed or vested:  all the parties involved, except for the purchaser or party beneficially entitled, deceased estates or trusts, and any variations thereof.

P:

If Old System land is not conveyed or vested:  nil.

If Old System land is conveyed or vested:  the purchaser and/or party beneficially entitled, deceased estates or trusts, and any variations thereof.