Specialised Conveyancing Services

DECEASED AND CONTINUING ESTATES

The document(s) required by the Land Titles Office to enable a dealing of the land to take place upon the death of a Registered Proprietor will depend on how the deceased held the property eg: Solely, Joint Tenants, Tenants in Common or Trustee.

The majority of couples in a relationship hold land as Joint Tenants, this enables the property to pass to the survivor upon lodgement of an Application to Register Death.

If on the other hand the land is held Solely or as Tenants in Common a Transmission Application will be required together with supporting documentation to be lodged after the granting of Probate. The Executor(s)/Administrator(s) become the registered proprietors on behalf of the deceased and can deal with the land under the terms of the Will.

Upon the death of a Trustee, the documentation required will depend on various situations and not limited to the number of Trustees registered on the Title.

Optima can assist you at this difficult time by advising, preparing and lodging the required documents at the Land Titles Office.