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

Disclaimer of trust

ADIS Code - TDIS

A disclaimer of trust enables an appointed trustee to renounce their appointment.  A disclaimer of trust can only take place where, following the disclaimer, the trust is still administered by:

  • two or more trustees
  • the Public Trustee or
  • a registered Trust Company.

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

The original trust is not required.

Lodgment requirements

Stamp duty - Required if executed before 1.7.1998. If not marked Registration insisted upon is prohibited.

Not required if dated on or after 1.7.1998.

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

Statement of Title Particulars form - Not required.

NOS form - Not required.

Index Particulars form (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Trust - Disclaimer 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 disclaiming trustee.

If Old System land is affected:  the trust, the party creating the trust or the settlor, the first unit holders, the disclaiming trustee, and the 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
  • the first unit holders and
  • the new disclaiming trustee,

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

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 making the disclaimer.  A power of attorney cannot be used for execution by a trustee.  The other parties to the trust do 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  Not required.

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 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 disclaiming.

If Old System land is affected:

  • 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 disclaiming and the continuing trustees.

P:

If Old System land is not affected:  nil.

If Old System land is affected:

  • 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 continuing trustees.