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

Torrens title of a deceased owner

The method to be followed in order to have the survivor, devisee or beneficiary (the person given real property under a will), executor, trustee, or administrator noted on title depends on the tenancy under which the deceased held the property.

First, locate the Certificate of Title. This may be in the deceased's personal effects, a bank safety deposit packet, at a solicitor's office, or if the property is mortgaged, the title is likely to be held by the mortgagee (the lender).

Then, determine the tenancy under which the deceased held the property. This tenancy can be determined from the title (by obtaining a copy of the Folio of the Register or looking at the current Certificate of Title). Where a person is an owner of the property, their name will be stated in the First Schedule on the title.

If there is more than one owner also shown in the First Schedule, the tenancy will be either:

Joint tenants

Joint tenants use a Notice of death form 02ND (PDF 130 KB)

Tenants in common

Tenants in common use either:

The procedure to be followed in the case of a sole owner is as for a tenant in common.

A copy of the Folio of the Register can be obtained from:

  • an NSW LRS approved information broker for a fee
  • Document Copy Service, 1 Prince Albert Road, Queens Square, Sydney, for a prescribed fee.