Hi, I am in NSW. My father has recently passed and my parents own the family home and an investment property in joint names. My understanding is that the properties will now be owned wholly by my mother. (There is also a valid will that states my father's shares in property will revert to my mother). My question is do we need to register a Notice of Death with the Land Titles office and if we do, is there a time frame required by which this needs to be actioned. I rang the Land Titles office and they were no help.
NSW Joint Tenants
- Thread starter Kathy_024
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Dear Kathy_024,
You are correct. If your late father and your surviving mother own properties in NSW in joint tenancy ownership, the title remains in both names until formal notice of death is lodged at NSW Land Registry Services confirming passing of your father then your mother would become sole name on the properties.
You don’t need probate/letter of administration to do this. You do need your father’s death certificate, and since 2021, it is necessary to lodge this online via PEXA (conveyancing online platform). You personally cannot do this - you need someone who has an online account with PEXA (and only certain legal professionals can be PEXA subscribers) to lodge it for your mother. This can be a conveyancer, a solicitor or a property service agent e.g. Globalx.
Best wishes.
-Nighthelyn
You are correct. If your late father and your surviving mother own properties in NSW in joint tenancy ownership, the title remains in both names until formal notice of death is lodged at NSW Land Registry Services confirming passing of your father then your mother would become sole name on the properties.
You don’t need probate/letter of administration to do this. You do need your father’s death certificate, and since 2021, it is necessary to lodge this online via PEXA (conveyancing online platform). You personally cannot do this - you need someone who has an online account with PEXA (and only certain legal professionals can be PEXA subscribers) to lodge it for your mother. This can be a conveyancer, a solicitor or a property service agent e.g. Globalx.
Best wishes.
-Nighthelyn
Dear Kathy_024,
I just realise I didn’t answer your question - “is there a time frame required to lodge a notice of death”. This question is not simple:
1. Legally speaking - no - there is no Law saying this must occur within a specific timeframe - it is not uncommon for someone to have left it for a long time - longest I have seen - 25 years;
2. Insurance-wise - if notice of death isn’t lodged, there is a danger of complication regarding property insurance - premium may not be the right amount and complexity when making a claim;
3. Tax issue - Presumably not so likely for your mother assuming she is local in Australia and retired and does not need to file tax return anymore. If your late father was not local to Australia it could be your mother pays too much in land surcharge etc.
4. Practicality - there could be a problem or complexity if one day your mother wishes to sell the property, if your late father’s name remains on title. If your mother passes and the property remains on title both your father and mother’s name, especially if there is any requirement to justify (name not the same as your parents’ IDs) there could be complication in applying grant of probate or letter of administration.
Best wishes.
-Nighthelyn
I just realise I didn’t answer your question - “is there a time frame required to lodge a notice of death”. This question is not simple:
1. Legally speaking - no - there is no Law saying this must occur within a specific timeframe - it is not uncommon for someone to have left it for a long time - longest I have seen - 25 years;
2. Insurance-wise - if notice of death isn’t lodged, there is a danger of complication regarding property insurance - premium may not be the right amount and complexity when making a claim;
3. Tax issue - Presumably not so likely for your mother assuming she is local in Australia and retired and does not need to file tax return anymore. If your late father was not local to Australia it could be your mother pays too much in land surcharge etc.
4. Practicality - there could be a problem or complexity if one day your mother wishes to sell the property, if your late father’s name remains on title. If your mother passes and the property remains on title both your father and mother’s name, especially if there is any requirement to justify (name not the same as your parents’ IDs) there could be complication in applying grant of probate or letter of administration.
Best wishes.
-Nighthelyn
Thank you so much for your comprehensive answers. I have started making phone calls to obtain quotes for this process. My mother has the titles and the notice if death is very simple to complete. However, everyone I have spoken to wants upwards of $350 + to lodge the notice of death using the PEXA platform. Are there any people who do this for a reasonable rate?
This is a reasonable rate. Likely minimum fee to cover the time and paperwork.
Payment has to processed, audited at some future date, invoice produced and sent out, verifying identity, performing a title search, and then doing the actual work and checking it has been completed.
I wouldn't use a firm that wants to cut corners and do it for less.
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