On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Declaration by the executor pursuant to s11 Trustee Act 1925


An executor may, after their executorial duties have been duly performed, make a declaration to the effect that they cease to hold the property (real and/or personal) as executor and hold the property as trustee or as a beneficiary.

A declaration pursuant to s11 Trustee Act 1925 must not be treated as a conveyance.

The probate is not required.

Lodgment requirements

Stamp duty - Required. If not marked Registration insisted upon is prohibited.

Any alteration to the tenancy, interest/share, or change to the names of the parties must be marked.  A minor change in spelling that does not alter the identity of a party may be ignored.  The addition of a name must be marked.

Registration copy - Required. If unacceptable Registration insisted upon is prohibited.

Statement of Title Particulars form - Required.

NOS form - Required.

Index Particulars form (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Declaration (Under s11 Trustee Act 1925)

(C) Locality - Required if land is affected.  The situation of the land.

Link Conveyance - For the Old System land if affected.

Principal Deed - Not required.

(D) Indexing - The deceased, and the beneficiary or the trust and the trustee.

(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 deceased and the beneficiary or trust are required.  Advise the lodging party of any discrepancies in names.  Note: variations in a name are indexed.

Tenancy:  the tenancy/shares must be identical to that stated on the STP form.  If tenancy is not stated for more than one purchaser, tenants in common is assumed.

Operative clause:  "... hereby declare I have completed my executorial duties ...".

Locality:  required if land is affected.  The situation of the land.

Land Description:  required. if land affected.  Determine if the affected land is Old System or other (see IPF).  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 declaration is acceptable if the land is adequately described in the IPF and STP forms.

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:  by the executor.  A power of attorney must be registered.  The beneficiary 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

If furnished, forward a copy with the Conversion Action.

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.

CA  Required.


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 land]".

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").
  • the portion held by the deceased is unclear, e.g. refers to "all real estate of the said testator", state: "All right title and interest in".

V:  the deceased or the trust, and any variations thereof.  The term "(deceased)" is entered after the surname of the deceased.  Also the last registered owner where they are not identical to the deceased.


  • the person beneficially entitled, trusts and any variations thereof or
  • the trustee and the deceased.  The term "(deceased)" is entered after the surname of the deceased.