Witnessing Land Registry Form 5, 5A or 6 Transmission by Death

posted May 3, 2016, 11:57 PM by Michael Rees   [ updated May 4, 2016, 12:01 AM ]
This matter was discussed at the JPToK meeting on 3 May 2016. Kay discovered the slides from the Land Titles Workshop held on the Gold Coast on 7 October 2015. Check out pages 17, 18 and 19 of the handout.

In summary the DNRM tells us:
  • Evidence of who owns the land should be produced but it won’t be in the name/s of the people signing the document.
  • The evidence of death –death certificate plusoriginal will; or Grant of Probate bearing a court seal; or Letters of Administration -should be perused to see who is entitled to act as executor or be the beneficiary of the real property.
  • You may need to read through several documents to determine who the current executors and/or beneficiaries are –remember to record all this chain of evidence in your log book.
  • Proof of identity that the person named as executor/beneficiary is the person signing must be seen.
  • The executor (personal representative) or beneficiaries should sign the Form depending upon the desired outcome.