Survivorship Applications when a person dies

Survivorship Applications when a person dies

If you or someone you know needs to make a Survivorship Application to Landgate to transfer a property from joint names into the name of the surviving spouse, then you may like to read on.

Where a joint tenant dies, the surviving joint tenant must apply to Landgate to be registered as the surviving owner. Although the interest of a joint tenant ceases immediately on death and the surviving joint tenant’s interest is immediately enlarged, the actual legal ownership does not change until the required application is made, approved, and the Landgate Register amended accordingly.

An application will need the following supporting documents:

  • the Death Certificate;
  • the Duplicate Certificate of title (if one has been issued); and
  • a Statutory Declaration.

Applicants will also need to check whether there are any encumbrances (such as a mortgage) that may delay or prevent registration. Further, the Statutory Declaration is in a prescribed form and must include quite specific wording to be accepted by Landgate.

Preparing and submitting a survivorship application is a service which Austral Legal can offer on a fixed fee basis and once we know what is involved in your particular circumstances, we will be able to advise you of that fee accordingly.

 

Finally, if you have read this far and think that you need some practical advice or assistance in relation to your situation, then now is probably the time to get in touch. Austral Legal can help and we offer an initial discounted 30-minute SmartMove appointment for $80 by phone or in person at our office. Bookings can be made online through our website or simply by phoning our office on 08 9745 9550. Once we have a handle on what is required, we may well be able to offer a fixed fee for any further legal services, giving you cost certainty from the start. Austral Legal. Practical advice.