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

Complete a Notice of Death

This information aims to help you complete an electronic Notice of Death by a surviving joint tenant.  

NOTE: An electronic Notice of Death affecting a registered interest or termination of a life estate must be lodged as a Dealing with Exception.

Titles

Select the land title reference.

Deceased Registered Proprietor details

The Deceased Registered Proprietor name is specified in this field. The deceased’s name must be identical to the name of the registered proprietor as shown on the Register.

If the Deceased Registered Proprietor’s name does not match the Register, a justification for name discrepancy must be provided. See Justification of a name discrepancy page.

Given Name(s)

Family Name

The following fields must be completed:

Date of Death - Insert date

Pursuant to – Evidence Type
Death Certificate, Coroner’s Report or Medical Certificate

Note: A Notice of Death lodged by the NSW Trustee & Guardian does not require evidence of death. (Insert N/A).

Evidence No. –

  • required for Death Certificate,

  • not required for Coroner’s Report or Medical Certificate (Insert N/A).

A copy of the Death Certificate or a copy of the Coroner's report or Medical Certificate certifying death and signed by a doctor providing explanation is given as to the unavailability of the Death Certificate must be kept as part of the supporting evidence.

Note: When completing the Notice of Sale, the date of death must be the date of acquisition.
Where two or more registered proprietors hold as joint tenants and all are deceased, a transmission application affecting the last surviving proprietor (the youngest where all have died at the same time) may be lodged providing satisfactory evidence of the death of the other proprietors is referred to in the Transmission Application and retained as evidence. 

Surviving Joint Tenant

The full name of the surviving joint tenant must be stated and must be identical to the name of the registered proprietor of the estate affected as shown on the Register.

Note: If the surviving joint tenant wishes their name to be changed on title, a Change of Name form together with the appropriate evidence must be lodged as a Dealing with Exception with the Notice of Death.

Tenancy cannot be changed as regards the survivorship nor can new parties be added.

Given Name(s)

Family Name

Attachment: See attached

Standard form of Caveat - prevents registration if the caveator claims through the deceased joint tenant's estate.
A caveat by the NSW Trustee and Guardian protecting the estate of a deceased registered proprietor will be lapsed on registration of a notice of death for that deceased registered proprietor.

Priority Notice noted on the Register - see Priority Notice page.

Supporting Evidence. Such evidence must be retained by the subscriber which may be required for compliance audit by NSWLRS.

Staff processing information

Refer to instruction for Paper Notice of Death.