Form 02ND
Dealing type - ND
Legislation - section 101 Real Property Act 1900.
Stamp Duty - not required.
NOS Form - required for:
- a change of the First Schedule or
- a change of the lessee of a Crown land tenure term lease or Crown land Real Property Act lease.
Panels 1, 2, 3B and 5 require completion.
Not required:
- for a time-share title, minerals or coal or
- if affecting a remainderperson.
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 lapse on registration of a notice of death for that deceased registered proprietor.
Priority Notice Noted on the Register - see Priority Notice page.
NOTE: This dealing type may be lodged as a Dealing with Exception provided it is accompanied by a completed Lodgment Rules Exception form. In all other instances, the electronic dealing must be used.
Where a deceased registered proprietor holds as joint tenant, a Notice of Death 02ND form is used to register the surviving joint tenants(s) as proprietor(s) of the estate - see section 101 Real Property Act 1900.
Suitably modified, this dealing may also be used for a termination of a life estate (see further information below).
A Notice of Death affecting a lease carried forward as a subsisting interest, i.e. 'Bk ... No. ... Lease To ...' must either:
- be registered as a deed in the General Register of Deeds and a Request form 11R together with an Old System search showing the party entitled to deal with the lease must be lodged to record the interest. A change in proprietorship must be registered in the General Register of Deeds. NOTE: The Notice of Death form 02ND cannot be registered in this instance.
- be accompanied by:
- an Old System search of the leasehold title and
- a statutory declaration made by the person who undertook the Old System search of the leasehold title stating:
- their qualification
- that he or she has inspected all deeds since the leasehold title was created to the present time
- the registered Book and No. and type of all instruments inspected to show the leasehold title has not expired and
- the registered Book and No. and type of all instruments to which the leasehold estate is subject.
A notification (code ULD): 'Devolution of Lease' is entered in the Second Schedule and all further transactions affecting the lease may be lodged on a Real Property Act form and do not require further evidence of devolution.
NOTE: The application will be referred to NSW LRS’ Legal Division for further examination in these instances.
A notice of death affecting more than one lease, mortgage or charge involving the same deceased joint tenant (e.g. the same mortgagee) and surviving joint tenant is a multiple instrument. See Fees page.
NOTE: A Transmission Application form 03AD may be accepted in lieu of a Notice of Death form 02ND provided the applicant is the surviving joint tenant. The Transmission Application form heading should be modified to be pursuant to section 101 Real Property Act 1900 and be registered as a notice of death.
NOTE: The estate or interest of a company that is dissolved passes to the surviving joint tenant by means of a 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.
(A) The reference to title for the affected land must be stated.
Where a life estate is being terminated the references to title of the life estate and estate in remainder must be stated where separate titles exist.
(B) The registered number of the lease, mortgage or charge affected by a notice of death must be stated. A lease must still be current regardless of any options. The reference to title for the affected land must be stated.
(D) The full name of the deceased joint tenant must be stated and must be identical to the name of the registered proprietor of the estate or interest affected as shown on the Register. Where a discrepancy exists, a statutory declaration accounting for it must be furnished.
If a life estate is being terminated the life tenant etc. must be identified as such.
(E) 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 or interest affected as shown on the Register. Where a discrepancy exists, a statutory declaration accounting for it must be furnished together with the appropriate supporting evidence. The name of the surviving joint tenant will not be changed on title.
If the surviving joint tenant wishes their name to be changed on title, a Change of Name form 10CN together with the appropriate evidence must be lodged with the Notice of Death form 02ND.
If a life estate is being terminated the remainder person must be identified as such and be identical to the remainder person as shown on the Register.
NOTE: Tenancy cannot be changed as regards the survivorship nor can new parties be added.
(F) The terms which do not apply must be deleted and verified, and the date of death and the number of the death certificate must be stated.
NOTE: The Notice of Death form must be supported by evidence of the death of the deceased joint tenant such as a Death Certificate. This evidence is not required to be uploaded or presented to NSW LRS. However, the evidence must be retained by the Subscriber to support the dealing in accordance with the NSW Participation Rules.
A coroner's report or medical certificate certifying death and signed by a doctor is acceptable providing explanation is given as to the unavailability of the death certificate.
NOTE: A notice of death lodged by the NSW Trustee & Guardian does not require evidence of death to be uploaded or attached.
A statutory declaration is required stating the details where a life estate is determined by the happening of a specified event. Where a life tenant has a power of appointment evidence is required as to the non-exercise of the power.
(G) The dealing must be executed by the surviving joint tenant or remainderperson (less than all of the surviving joint tenants or remainder persons may execute the dealing) and witnessed, or be executed on the joint tenant's behalf as follows:
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Attorney and witnessed
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Solicitor or Barrister
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Licensed Conveyancer
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Surviving joint tenant
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(H) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to NSW LRS through the eNOS facility.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Staff processing information
If in order proceed with registration except for the following.
Refer to SD2
A notice of death affecting a lease held by SD2.
Refer to SM99
A notice of death affecting manual titles for a life estate and estate in remainder for creation of a new title.
Refer to SQ99
A notice of death affecting a life tenant where notifications in the Second Schedule referring to the estate in remainder etc require amendment.
Refer to Legal through the Senior Examining Officer
A notice of death:
- affecting a Book and No. lease accompanied by evidence of devolution of the lease.
- terminating a life estate upon the happening of a specified event.
Registration procedure
CODE (name) P, C or Q [name of surviving joint tenant; include all current registered proprietors]
TENANCY S, J2 etc, T etc.
Affecting a lease
TRANSACTION MOD
PRIME CODE code of lease as shown on the Register
PRIME NO. number of lease
SELECT ‘Names’
CODE (name) P, C or Q [name of all current lessees]
COPY & DELETE (SEE [number of Notice of Death])
SELECT ‘Lease Terms’
PREMISES DESCRIPTION (See [dealing numbers of previous notifications that changed lessee] [number of Notice of Death]). [Premises description if any]
Note: Remove all previous dealings that changed lessee and add dealing numbers to the list of dealings in premises description, e.g. (See AA123456 AB456789 AC789123)
Affecting a sub-lease
RP DETAILS click Cancel
TRANSACTION MOD
PRIME CODE code of lease affected by the sub-lease as shown on the Register
PRIME NO. number of lease
SUB CODE code of sub-lease
SUB CODE NO. number of sub-lease
SELECT ‘Names’
CODE (name) P, C or Q [name of all current sub-lessees]
COPY & DELETE (SEE [number of Notice of Death])
SELECT ‘Lease Terms’
PREMISES DESCRIPTION (See [dealing numbers of previous notifications that changed sub-lessee] [number of Notice of Death]). [Premises description if any]
Note: Remove all previous dealings that changed sub-lessee and add dealing numbers to the list of dealings in premises description, e.g. (See AA123456 AB456789 AC789123)
Affecting a crown lease
PRIME CODE code of lease as shown on the Register
PRIME NO. number of lease
SUB CODE
UCLND (Crown land lease - for NOS purposes)
UWLND (Western lands lease- for NOS purposes)
CODE (name) P, C or Q [name of lessee ; include all current lessees ].
Affecting a mortgage or charge
RP DETAILS click Cancel
TRANSACTION MOD
PRIME CODE code of mortgage or charge as shown on the Register
PRIME NO. number of mortgage or charge
CODE (name) P, C or Q [name of surviving joint tenant; include all current mortgagees or chargees]
DETAILS (See [dealing numbers of previous notifications that changed mortgagee or chargee] [number of Notice of Death]).
Affecting a Book and No. lease with satisfactory evidence of devolution
ADD. TRANSACTION UNDR
PRIME CODE code of lease as shown on the Register
PRIME NUMBER number of lease
SUB-CODE ULD (Devolution Of Lease)
Published Date: October 2024