Trusts

Dealings by trustees

Fiduciary relationships are not to be shown on the Torrens Title Register, see s82(1) Real Property Act 1900. Reference to trustees, executors or administrators is only acceptable in the following dealings:

  • a Transmission Application
  • a Bankruptcy Application or
  • an application pursuant to:
    • s46C Real Property Act 1900;
    • s12 Trustee Act 1925, or
  • an Order of Court.

All other dealing forms must not include any reference to a party being a trustee, executor or administrator.

A dealing that contains reference to a fiduciary relationship will be registered in the name of the trustee only. In the notification no mention is to be made of the trust or the beneficiary of the trust.

Where a registered proprietor holds the whole of an estate or interest in different capacities and it is intended to show that registered proprietor separately for each share held, a written request must accompany the dealing indicating why the duplication is necessary, the dealing and request will be forwarded to Legal Division for consideration (reference is not made to the different capacities). Alternatively the names will be merged and shown once only.

When dealing with ownership that has been duplicated on the land title, a letter is required stating which part of that ownership is being dealt with. If no letter is received a requisition must be sent. 

In both instances the written documentation must be filed as evidence.

Companies etc that include the word(s) 'Trust', 'Trustee(s)' or 'Fund' within their name will be registered as drawn providing the word is part of the company's name. For example, 'X and Y Trust Fund Limited' is acceptable. 'X and Y Limited Trust Fund' is not acceptable and the dealing should be drawn in the names of the trustees of the fund only.

Religious bodies that include the word 'Trust' or 'Trustee(s)' in their name will be registered as drawn.

A minor cannot be appointed as a trustee.

Generally, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [170.150, 170.550].

For dealings by trustees of:

  • a bankrupt, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [30.800]
  • church property, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [171.100]
  • friendly societies
  • land held for public purposes, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [172.200]
  • unincorporated clubs, lodges etc, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [170.850].

For vesting, appointment and retirement of trustees as regards Torrens Title land; also see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [10.100].

Staff processing information

Trustees normally apply as joint tenants; refer a dealing claiming as tenants in common to Legal through the Senior Examining Officer.

Declaration of trust

A certified copy of an instrument declaring a trust may be deposited under s82(2) Real Property Act 1900 for safe custody and reference. A Request form must be lodged to have the deposition of the instrument recorded on the affected title. The certificate of title is required. The prescribed lodgment fee is payabe. A Registrar General's caveat prepared by NSW LRS is entered on the affected title. The Request form and certified copy of the instrument are filmed with the caveat.

The copy of the original instrument must:

  • be marked by Revenue NSW and
  • be certified by a prescribed functionary or licensed conveyancer.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [170.150, 170.800].

Removal of declaration of trust

A Registrar General's caveat noted on the title protecting a declared trust may be removed by lodgment of a Request form. The certificate of title is required.

Staff processing information

Refer to Legal through the Senior Examining Officer.