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

Notice of Death (electronic)

Where a deceased registered proprietor holds as joint tenant, Notice of Death is used to register the surviving joint tenants(s) as proprietor(s) of the estate - section 101 Real Property Act 1900.

An electronic Notice of Death can only be used for an estate in land.

A Notice of Death must be lodged as a Dealing with Exception in certain instances see Lodgment Rules Exception page.

An electronic Notice of Death requires:                                             

  • a copy of the Death Certificate, Coroner’s Report or Medical Certificate which must be retained as part of the supporting evidence. NOTE: A Notice of Death lodged by the NSW Trustee & Guardian does not require evidence of death.

  • completion of a Notice of Sale through an ELNO.

 
NOTE:  The estate of a company that is dissolved passes to the surviving joint tenant by lodgment of a paper Request form 11R accompanied by a certificate of dissolution of the company from the Australian Securities and Investment Commission (ASIC), see section 25(2) Conveyancing Act 1919. 

For information to assist with completing a Notice of Death electronically, see guidance notes for Notice of Death.