What Legal Forms Are Mandatory For Survivorship Applications In Perth?

For jointly owned properties, updating the title after one owner passes away is an important legal step for maintaining accuracy in property ownership. In Perth, this process includes lodging specific forms with Landgate. While filling out and applying each form is structured, a clear understanding of the required document can help you choose the right one as per your circumstances.

On that note, we’ll discuss a few mandatory forms for survivorship applications and when you should seek help from property settlement lawyers Perth.

An Overview of Survivorship Applications in Western Australia

An application for Survivorship is a formal legal step used to update a proper title after the demise of a joint tenant. This title is updated through Landgate, which is the statutory authority of the Government of Western Australia. This legislative body is responsible for land and property information, valuations, land titles and spatial data services. In particular, the survivorship application ensures that the deceased person’s name and ownership are removed and the proper ownership is formally registered to the surviving joint tenant(s). In such matters, a Survivorship Applications lawyer in Perth can assist in ensuring the process is completed correctly and in compliance with legal requirements.

Mandatory Legal Forms for Survivorship Applications

In order to complete a survivorship application in Perth, you are required to lodge specific legal forms. Here’s a brief look at a few Perth survivorship application forms:

1. Application by Survivor

The first mandatory document is the Application by Survivor, which is commonly referred to as Form A2 or A2a. Some of the typical associated factors with this form include:

• These forms are used to request registration of the surviving joint tenant as the new proprietor
• They must include full land details and applicant information
• Requires execution by all surviving joint tenants

2. Statutory Declaration (Form B3 or Embedded Declaration)

The statutory declaration functions as a legal document that verifies the application and fulfils the evidence requirements established by the Registrar. The declaration needs to present three specific confirmations in a clear manner to be accepted. These include:

• Confirmation of the deceased’s identity and the date of death as stated in the death certificate
• The declaration states that the property was owned as joint tenancy at the moment of death
• The declaration confirms that joint tenancy remained intact until the moment of death
• The document explains all the name, signature and title detail differences that exist between the two documents

3. Survivorship eForm (Electronic Alternative)

The Survivorship eForm is the digital equivalent of the paper process. It is completed through an Electronic Lodgement Network (ELN) such as PEXA. At the time of digital lodgement, the digital WA property survivorship process includes the following components:

• Integrates the Application by Survivor and the statutory declaration into a single submission
• Requires digital verification of identity and client authorisation
• Includes certifications by the lodging party, such as a conveyancer or lawyer
• Enables direct electronic lodgement with Landgate

4. Supporting Evidence

Besides the prescribed forms, supporting documents must be provided to the subordinate to support the application and allow the Registrar to proceed with registration. These documents typically include:

• Death certificate issued by the relevant Registry of Births, Deaths and Marriages
• Verification of Identity (VOI) documents for the surviving proprietor
• Title details or land information that match the registered record

Key Legal Considerations

When preparing for the survivorship applications in Perth, compliance with specific legal conditions is essential before the title is amended by Landgate. Some of the primary legal considerations include:

• Survivorship only applies where the title is registered as joint tenancy
• The joint tenancy must not have been severed before the death of the deceased joint tenant
• All surviving joint tenants must sign the application
• Any caveats, mortgages, or other encumbrances recorded on the title may need to be addressed before the application can proceed

How A Survivorship Application Lawyer In Perth Can Help You Lodge Your Application?

The accuracy of each survivorship affidavit WA and the way it is presented can extensively influence their approval. To lodge your application, here’s how a survivorship lawyer can help you out:

• Preparing and reviewing Form A2/A2a and statutory declarations in line with Landgate requirements
• Ensuring the statutory declaration includes all required legal statements
• Verifying ownership structure to confirm eligibility for survivorship
• Managing verification of identity and supporting documentation
• Handling electronic lodgement through ELN systems
• Identifying whether additional forms, such as transmission or name amendment applications, are required
• Resolving title complications, including caveats or discrepancies

Final Thoughts

The survivorship application mainly requires four forms: Application by Survivor, Statutory Declaration, Survivorship eForm and some supporting evidence. By fulfilling all of these requirements, you can improve your chances of a property title update through Landgate. Moreover, getting help from the best property settlement lawyers Perth can help you fill out each form with more accuracy.