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

Form  03AD (PDF 110KB)

Dealing type - AD

Legislation - s93 Real Property Act 1900

Stamp duty - required.

Certificate of Title - required; except in the case of a deceased lessee, mortgagee or chargee in which case it is not required.

NOS form - required for:

  • a change of the First Schedule
  • a change of the lessee of a Crown land tenure Term Lease or Crown land Real Property Act lease.

Panels 1, 2, 3B and 5 require completion.

Not required:

  • for a time-share title, minerals or coal
  • for a change of the Second Schedule
  • affecting a remainderperson.

Standard form of Caveat - prevents registration.

A caveat by the NSW Trustee and Guardian protecting the estate of a deceased registered proprietor will be lapsed on registration of a transmission application for that deceased registered proprietor.

Priority Notice noted on the Register - see Priority Notice page.

Minister's consent is required for Western Lands Leases where the applicant claims as a beneficiary, next of kin or devisee.

A written request is required where separate certificates of title are required for a life estate and estate in remainder created by the transmission application.  An extra fee is payable for each separate certificate of title issued.

A Transmission application affecting more than one lease, mortgage or charge involving the same deceased proprietor (e.g. the same mortgagee) and applicant is a multiple instrument. See Fees page.

See Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 re:

  • tenants in common [5.20]
  • when to use the transmission application [5.60] and [5.270]
  • the applicant’s capacity on a transmission application and the schemes of ownership available [5.50]
  • apply in one capacity [5.130]
  • who may apply? - statutory machinery in section 93 [5.70]
  • evidence to be lodged in support of a transmission application by an executor, administrator, trustee and beneficiary [5.80] – [5.120]
  • the consent of the executor or administrator [5.140]
  • conditional or limited grants of probate [5.180]
  • foreign grants of representation [5.190]
  • completion of the transmission application by executor, administrator or trustee form [5.280]
  • completion of the transmission application by devisee, beneficiary or next-of-kin form [5.290]
  • interplay between a caveat and a transmission application [5.330] – [5.360].

A transmission application affecting a lease carried forward as a subsisting interest (shown on the folio of the Register as 'Bk ... No. ... Lease To ...') is acceptable for lodgment only under one of the following two conditions:

  1. Where it is registered as a deed in the General Register of Deeds and a Request form 11R together with an Old System search showing the party entitled to deal with the lease must be lodged to record the interest. A change in proprietorship must be registered in the General Register of Deeds. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [390.100]. 
    Note The Transmission Application form 03AE cannot be registered in this instance.

  2. Where it is accompanied by:
  • a search of the Old System leasehold title, and
  • a statutory declaration made by the person who undertook the Old System search of the leasehold title stating:
    • their qualification;
    • that he or she has inspected all deeds since the leasehold title was created to the present time;
    • the registered 'Book and No.' and type of all instruments inspected to show the leasehold title has not expired; and
    • the registered "Book and No.' and type of all instruments to which the leasehold estate is subject.

A notification (code ULD): 'Devolution of Lease' is entered in the Second Schedule and all further transactions affecting the lease may be may be embodied in a Real Property Act dealing form and do not require further evidence of devolution.

(A)  The reference to title for the affected land must be stated.

(B)  The registered number of the lease, mortgage or charge affected by a transmission application must be stated. A lease must still be current regardless of any options.The reference to title for the affected land must be stated.

(D)  The full name of the deceased registered proprietor must be stated and must be identical to the name of the registered proprietor of the estate or interest affected as shown on the Register, and to the name of the deceased as shown in the probate etc.

Note  A transmission application claiming in a fiduciary capacity may be followed later by a transmission application claiming in a non-fiduciary capacity (alternatively, the executor etc may transfer the estate or interest to the beneficiary). The earlier transmission application must show:

  • the deceased registered proprietor to be the same as the deceased in the probate etc accompanying the later transmission application; and
  • the current registered proprietor holds in a fiduciary capacity.

(E)  The full name of the applicant must be stated.

A bankrupt executor or the Official Trustee in Bankruptcy cannot apply.

Applications by more than one beneficiary, devisee or next-of-kin must state the tenancy/shares.

(F)  The claiming capacity of the applicant must be stated.  The applicant must claim in one capacity only.

The date of death of the deceased registered proprietor must be stated. The number of the probate/letters of administration, date of grant and the name of the person to whom the grant was made must be stated and be identical to the evidence furnished.  The terms that do not apply must be deleted and verified.

The transmission application must be accompanied by evidence of the applicant's right to be registered as proprietor. Such evidence must be either:

  • the relevant probate, letters of administration, or a copy thereof certified by a solicitor, barrister, licensed conveyancer, 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) to be a true copy or
  • a Probate Division office copy or exemplification of the will.

The evidence must indicate to whom and in what capacity the applicant is to hold the land or interest.

Note  A Death Certificate is not an acceptable substitute for the evidence specified above.

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. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [170.450].

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.

(G)  The dealing must be executed by the applicant and be witnessed, or be executed on the applicant's behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Applicant Tick Tick Tick Tick

(H)  The consent is not necessary where an applicant is also the executor. Where there are several executors, administrators or trustees, each must join in the application either by consenting to it or as an applicant.

(I)  This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to NSW LRS through the eNOS facility.

Staff processing information

A transmission application creating a life estate must state the type of estate to be held by the applicant. If a remainderperson is not stated, a 28 Day Notice of Intention to Register must be sent and unless otherwise directed the estate in remainder will be registered in the name of the deceased proprietor.

If in order proceed with registration except for the following.

Refer to SM99

  • after registration, if separate titles are requested for a life estate and estate in remainder
  • where a Note (NB) referring to cross-easements (s181B) appears on the Register.

Refer to SD2

A transmission application affecting an SD2 lease.

Refer to SM98

Where the Transmission affects a mortgage or charge and there are notifications recorded under the mortgage or charge that changed the ownership of the mortgage/charge or changed the name of the mortgagee/chargee.

Refer to Legal through the Senior Examining Officer

  • where the application affects a Book and No. lease accompanied by evidence of devolution of the lease.

Registration procedure

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

TENANCY    S, J2 etc, T etc.

Affecting a lease

RP DETAILS    click Cancel

TRANSACTION    UNDR

PRIME CODE    code of lease as shown on the Register

PRIME NO.    number of lease 

SUB CODE

ULTA (lease)

UCLTA (Crown land lease - for NOS purposes)

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

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 all current mortgagees or chargees].

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

Affecting a Book and No. lease with satisfactory evidence of devolution

 ADD. TRANSACTION    UNDR

PRIME CODE    code of lease as shown on the Register

PRIME NUMBER    number of lease

SUB-CODE    ULD  (Devolution of Lease)