Where a deceased registered proprietor holds solely or as a tenant in common, this dealing is used to apply to register the executor, administrator or trustee or the devisee, beneficiary or next-of-kin as proprietor of the estate. Section 93 Real Property Act 1900.
An electronic Transmission Application can only be used for an estate in land.
The following are not eligible to be lodged electronically (a paper Transmission Application should be used in these circumstances) where:
- the applicant is not represented by a legal practitioner or licensed conveyancer
- an interest in land is affected (e.g. a mortgage, lease or charge)
- a life estate and estate in remainder is created by the transmission application
- an estate in remainder is affected
- the applicant is also the registered proprietor who holds the whole of an estate or interest in different capacities and it is intended to show that registered proprietor separately for each share held.
An electronic Transmission Application requires:
- a CoRD Holder Consent - see CoRD Holder Consent requirements to identify which type of consent needs to be provided
- stamp duty verification by Revenue NSW for application by the devisee, beneficiary or next-of-kin prior to lodgement and.
- completion of a Notice of Sale.