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

Double probate

Where one of several executors named in the will took leave (ie temporary absence) at the granting of probate, that executor may apply for and also be granted probate at a later time, ie double probate. Where the other executors were granted probate and are registered on the title, the later executor may be added to the title as a registered proprietor by means of a transfer and not by transmission application. See Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 [5.200]; Baalman And Wells, Land Titles Office Practice, Thomson Reuters [560.150].

Staff processing information

A transmission application by a new executor based on double probate must be referred to Legal through the Senior Examining Officer.