Subject to certain conditions outlined below, when a minor is subdividing or dealing with land, the document may be executed by:
- the minor
- the minor's parents (both of them), subject to certain conditions (see below)
- only one parent, a guardian or by a person or persons in some other capacity, subject to certain conditions (see below) or
- a solicitor representing a minor, provided the instrument is in favour of the minor, i.e. the dominant tenement of an easement, subject to certain conditions (see below).
The execution should include their full name and date of birth, e.g. ... (full name of minor) ..., a minor born on ... (date of birth) ....
Any document involving a minor
Any document involving a minor:
should be authorised by a Court Order or
should be authorised by a law or
should be supported by a certificate given by:
an independent solicitor or
the NSW Trustee and Guardian, under either section 28 or section 29 Minors (Property and Contracts) Act 1970, respectively, depending on whether the minor is acquiring or disposing of an estate or interest in land.
The certificate should also state that:
the minor understands the intention and effect of the document, and makes the dealing freely and voluntarily
when executed by both parents, should include a statement as to their capacity to sign as parents and
when executed by only one parent, a guardian or by a person or persons in some other capacity, should be supported by statements or declarations to explain the irregularity.
The Registrar General may require evidence or information to support the irregularity when instruments are signed under these circumstances.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/