ADIS Code - ACK
An acknowledgment is a written confirmation by the executor or administrator of a deceased estate that the person so named within the instrument is beneficially entitled to the affected land. An acknowledgment is the equivalent of a Real Property Act Transmission Application by the beneficiary or devisee.
It is not the convention to vest the estate of the deceased in the executor or administrator, however such instruments designed to achieve this are frequently registered. Although these instruments are not strictly acknowledgments, they are not objected to and are indexed as acknowledgments.
A probate or letters of administration may be registered if required. This would only serve to place the document on the public record and can not be done in lieu of registration of an acknowledgment. See s83 Wills, Probate and Administration Act 1898.
For survivorship of a joint tenant.
An acknowledgment must be registered to be effective. The probate or letters of administration are not required.
Stamp duty - Required for a beneficiary, devisee or next-of-kin. If not marked, Registration insisted upon is prohibited.
Any alteration to the claiming capacity from fiduciary to non-fiduciary must be marked.
Not required for an executor or administrator.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Required. (NSW LRS Use: if a current CA exists or exemption from raising a CA is granted.)
NOS form - Required. (NSW LRS Use: an MDE form must be prepared.)
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Acknowledgement
(C) Locality - The situation of the Old System land.
Link Conveyance - For the Old System land affected.
Principal Deed - Not required.
(D) Indexing - The deceased, and the beneficiary/devisee of the executor/administrator
(E) Certification - Required
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 deceased, the executor/administrator, and those beneficially entitled are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby acknowledge ...".
Locality: required. The situation of the Old System land.
Land Description: required. The Old System land 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.
Reference to all real estate of the said testator in the acknowledgment is acceptable if the land is adequately described in the IPF and STP forms.
Link Conveyance: required. The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000. Whole or part must be established.
Tenancy: if not stated for more than one beneficiary or devisee, tenants in common is assumed. The tenancy must be identical to that stated on the STP form.
Where executors are vested and tenancy is not stated, joint tenants is assumed, see s26 Conveyancing Act 1919.
Execution: by the executor or administrator.
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
If furnished a copy only is forwarded with the CA packet.
If the Link Conveyance is above Book 4000 or a previous CA has been raised, ensure a Qualified title has not issued. If a Qualified title has issued.
An acknowledgment affecting an interest, eg a mortgage, must be entered under the General Frame, ie code "G", with a Noting: "Acknowledgment affecting [interest details]". If registered, enter the affected interest as a Principal Deed. Enter the deceased as a Vendors entry. Also see the Requirements below.
An acknowledgment is not the equivalent of a Notice of Death under the Real Property Act 1900 as regards a deceased joint tenant. Survivorship is automatic as regards Old System land and a document is not required to notify the death of a joint tenant. Any deed by a joint tenant evidencing death must be entered under the General Frame, ie code "G", with a Noting: "[type of deed] re evidence of death of [deceased], a joint tenant". Enter the deceased as a Vendors entry. Also see the Requirements below.
CA - Required. (NSW LRS Use: if a current CA exists or exemption from raising a CA is granted.)
Locality - Required. The situation of the land.
Link Conveyance - Required. The last conveyance or acknowledgement prior to Book 4000. Indicate whole "W" or part "P".
Principal Deed - Nil.
Noting - Required if:
- an interest, state: "interest in" (or enter Noting Code: "I")
- a share, state: "as regards [fraction] share"
- part of the land, state: "part being [affected land description]
- the land description relies on an attached plan, state: "see attached plan" (or enter Noting Code: "PL") or
- the portion held by the deceased is unclear, eg refers to all real estate of the said testator, state: "All right title and interest in".
V: The deceased (the last registered owner) and any variations thereof. The word (deceased) is entered after the surname.
- the person beneficially entitled, and any variations thereof or
- the executor or administrator, and the deceased (the last registered owner), and any variations thereof. The word (deceased) is entered after the surname.