How to File for Transmission Application?

February 21, 2024    Deceased Estate Lawyers Perth
How to File for Transmission Application?

Many instances exist when a piece of land or estate needs to be transferred from one individual or entity to another. Some of these transfers can happen upon the death of the landowner. In such cases, rules and regulations are in place to oversee transfers, make necessary changes and speed up the process. An application made to oversee such transmissions in property is known as a transmission application.

This article is a comprehensive breakdown of transmission applications and how to go about it.

What is a Transmission Application?

A transmission application, as the name suggests, is an application that oversees the transfer of assets or property of the owner to another person or entity after their death. These applications are made to Landgate, the authority over land information in Western Australia. This statutory authority maintains all official records and registers of land ownership, transfers and surveys in Western Australia.

When a transmission application is initiated, the property status shifts from “active” to “transmitting.” This implies that charges and rates of the land or property will no longer be issued in the name of the deceased.

An executor or administrator needs to make the transmission application after the death of the original proprietor of the estate. This can either be for the administrator to be updated on the Register as the new estate proprietor or be in the interest of the deceased proprietor.

In that case, the estate’s administrator must provide Landgate with a copy of the deceased’s death certificate and proof of their appointment as the estate administrator during the probate process. These applications can be made online or registered in person at the Landgate office.

What documents do you need to apply for a transmission application?

The same equities apply to the administrator or executor of the land as the proprietor. To apply, the administrator has to produce the following documents:

1. Documents to prove the appointment of the administrator:

These can be the original grant of probate, an office copy or a letter of administration from the Probate office. You can also use a Landgate Sighted copy, an Australian Post-Certified copy or a Solicitor/Settlement Agent-Certified copy.

2. Documents identifying the deceased:

This is essentially a death certificate needed to prove the identity of the deceased proprietor. This is necessary in case the name or address mentioned in the probate copy or letter of administration differs in any way from the one in the Landgate register. If not, there is no further identification required.

Seeking the assistance of the wills and deceased estate lawyer Perth can help make the process of compiling these documents easier.

What are the responsibilities of the administrator?

When the administrator makes the transmission application, they must also submit a statutory declaration. This is a part of their executor’s responsibilities. In case there is more than one administrator of an estate, only one of them needs to make this declaration. In this declaration, the administrator must establish the following:

  • They must identify the applicant and establish to what capacity it is being made.
  • Identify who the previously registered proprietor was.
  • They must identify and determine the land that is subject to the transmission application in the legal land.
  • description. Providing a sketch or a land plan along with the description can also help.

Mention the date of death and the date of the Letter of Administration or the Probate being issued.

They must prove that the name and address of the deceased mentioned in the Certificate of Title is the same person mentioned in the Grant of Probate.

When can you not file a transmission application?

A transmission application may be barred in two cases:

  • When the land is a trust property that does not form a part of the deceased’s estate: In such cases, the land cannot be dealt with by an executor or administrator.
  • In case of an absolute caveat: An absolute caveat fully restricts this type of transaction or transmission. It is necessary to remove this caveat before the land can be dealt with through a transmission application.

Summing up

Land laws can be complicated, especially so when it comes to posthumous dealings. However, they are an indispensable part of correct and lawful property administration that has your best interest and can protect your flights as proprietors, administrators and beneficiaries. Associate with the best Wills and Estate Planning Lawyers Perth to demystify the process today.

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