Deceased Proprietor
The passing of a loved one is a very sad time for all involved. We understand this is a delicate time and can assist you in dealing with the TItle Deed requirements
The passing of a loved one is a very difficult time for family. At a time when you are ready we can help you determine how a property is held to determine the right direction.
The process we need to take will depend on how the property is held by those registered.
Effectively the property will either be held as either JOINT TENANTS or TENANTS IN COMMON.
- If the property is held as joint tenants this will be signified on the Title Deed with those words. Under a joint tenancy, the right of survivorship applies. This means the surviving joint tenants are solely entitled to the land upon the death of another joint tenant.
- If the property is held as tenants in common there is no right of survivorship. On the death of a tenant in common their share will pass according to their will or, in the absence of a will, according to the laws of intestacy.
Joint Tenants - Noting the Death on Title
At a time when you are ready we can help you update your Title Deed if you are the remaining registered proprietor holding as joint tenants with the deceased. This will allow you to become the sole proprietor.
Depending on your financial circumstances we may need to also navigate any lender that has a mortgage over the Title Deed also.
One of our friendly Conveyancers will help guide you through the requirements of having your identity verified and obtaining a client authorisation form together with requiring a death certificate of your loved one.
Tenants in Common - Transmitting the Estate to an Executor
In the event a proprietor on Title passes and is not registered jointly with another person, a slightly more complex set of events needs to occur. We are absolutely here to help you navigate you through these requirements in these trying times.
In this case, the last will and testament of the deceased needs to be approved by the probate court. The executor named in the will, will normally attend to such matters by seeking the grant of probate through the court which is generally assisted by an estate lawyer. Once probate has been granted by the court a conveyancer can proceed to registering the executor on the Title Deed in that capacity.
One of our friendly Conveyancers will help guide you through the requirements of having your identity verified as the executor of the estate and obtain a client authorisation form. A copy of the probate from the court and the original registrars certificate will also be required.
Should you as the executor wish to also attend to transferring any properties as per the terms of the will, we can also attend to this at the same time.