An owner has died. How do I update the Torrens land title?

The method to be followed in order to have the survivor, devisee or beneficiary (the person given real property under a will), executor, trustee, or administrator noted on title depends on the tenancy under which the deceased held the property.

To update a land title, the services of a licensed conveyancer or a solicitor (known as a ‘subscriber’) are required. The subscriber will find out the tenancy under which the deceased held the property by obtaining a title search. A title search can be obtained from:

• a NSW LRS approved information broker for a fee, or
• NSW LRS Lodgment Office, Level 30, 175 Liverpool Street, Sydney, for a prescribed fee.

Where the deceased is an owner of the property, their name will be stated in the First Schedule on the title.

If there is more than one owner shown in the First Schedule, the tenancy will either be a joint tenancy or a tenancy in common.

Sole owner

Where there is only one owner shown in the First Schedule of the Title and that owner has died, a subscriber will prepare and lodge a Transmission Application.

Joint tenants

For joint tenants, a subscriber will prepare and lodge a Notice of death.

Tenants in common

For tenants in common, a subscriber will prepare and lodge a Transmission application.
 

Publication Date: July 2024