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.