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

Delegation of trust

ADIS Code - DT

An appointed trustee who is absent from or is about to leave New South Wales, may delegate their duties as trustee to another party capable of performing those duties. The delegation is only effective for 2 years from the date of the deed of delegation. The delegation may be made in respect to the whole or part of the trust.

See s64 Trustee Act 1925.

It must be stated on the IPF that the delegation of trust does not affect Old System land and/or does not affect a Principal Deed.

Lodgment requirements

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

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

Statement of Title Particulars form - Required if Old System land is affected

NOS form - Required if Old System land is affected.

Index Particulars form (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Trust - Delegation of

(C) Locality - The situation of the Old System land if affected.

Link Conveyance - For the Old System land if affected.

Principal Deed    The deed of trust or the first document affecting the trust if registered.

(D) Indexing 

If Old System land is not affected:  the trust, the party creating the trust or the settlor, the first unit holders, and the trustee delegating.

If Old System land is affected:  the trust, the party creating the trust or the settlor, the first unit holders, and the trustee delegating, and the new and continuing trustees.

(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 trust or the deceased where the trust was created by a will
  • the party creating the trust or the settlor and
  • the new trustee and continuing trustees,

are required.  Advise the lodging party of any discrepancies in names.

Operative clause:  "... hereby delegates...".

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

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 trustee delegating and/or the appointer if stated in the original trust.  The other trustees may consent if required by the original trust.  A power of attorney cannot be used for execution by a trustee.  A new trustee 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

CA  Required if Old System land is affected.

Indexing

Locality:  required if Old System 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:  if registered, the affected trust deed or the first registered document affecting the trust.

Noting:  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").

V:

If Old System land is not affected:  the name of the trust, or the deceased where the trust was created by a will, the party creating the trust or the settlor, the first unit holders, the trustee delegating, and any variations thereof.

If Old System land is affected:  the name of the trust, or the deceased where the trust was created by a will, the party creating the trust or the settlor, the first unit holders, and the trustee delegating, and any variations thereof.

P:

If Old System land is not affected:  nil.

If Old System land is affected:  the name of the trust, or the deceased where the trust was created by a will, the party creating the trust or the settlor, the first unit holders, the new and any continuing trustees, and any variations thereof.