How Do Authorities Review Survivorship Applications In Perth?

Loss of a loved one is emotionally difficult. But for some people, the legal aftermath brings a second wave of stress. Until the ownership position is formally recorded, important decisions about a property may remain on hold. For a surviving joint tenant, a survivorship application is the typical process for updating the title in Western Australia. Before giving approval, Landgate checks ownership, declarations, death evidence and some other related requirements.

This blog explains how authorities review survivorship applications in Perth and what you can expect during the process.

How Do Authorities Review Survivorship Applications in Perth?

In Perth, Landgate (Western Australian Land Information Authority) assesses survivorship applications for updating the title of the property when one of the joint tenants has passed away. In assessing survivorship applications in Perth, the following aspects will be considered:

• Ownership Status: Landgate checks the title to confirm that the parties held the property as joint tenants.
• Death Evidence: The survivorship application must include acceptable evidence that confirms the deceased proprietor’s death.
• Identity: The applicant’s identity must meet applicable verification requirements.
• Joint tenancy: The supporting declaration must confirm that the joint tenancy was not severed before death.
• Application authority: The correct surviving person or authorised representative must make the application.

What Should You Check Before Applying?

The first thing you should check is the Certificate of Title. The ownership recorded in this document determines whether survivorship is likely to be suitable. A title search can help you confirm:

• Whether the owners are recorded as joint tenants
• Whether the deceased person is named correctly
• Whether there are multiple registered owners
• Whether other interests or dealings appear on the title

What Role Does The Certificate Of Title Play?

The Certificate of Title is an essential starting document to be used in the preparation of a survivorship application. The document contains information regarding the proprietors who are registered as well as the present state of the ownership of the property. The inspection of the title would give you a clue regarding the applicability of the application process.

What Documents Help Keep The Application On Track?

The supporting documents should provide a clear and consistent record linking the deceased owner, the property, and the proposed change in registration. Before lodging the application, it is useful to review:

• Death certificate
• Statutory declaration
• Identity documents
• Name differences
• Certified documents

What Can Cause Delays Or Further Queries from Authorities?

Applications can become more complicated when the information does not match the title. Some of the common causes of delays include:

• Differences between the title, death certificate and statutory declaration may require clarification.
• Certain caveats can prevent or affect acceptance of a survivorship application.
• A joint tenancy that was severed before death may require a different legal approach.
• Where there is uncertainty about who survived another joint tenant, the ordinary survivorship process may not apply.
• Missing signatures, evidence or required information.

Does The Type Of Ownership Change The Process?

Yes, the type of ownership can significantly influence survivorship application approval in Perth. With joint tenancy, the deceased owner’s interest generally passes to the surviving joint tenant or tenants.

In tenants in common, each party holds their share individually. In case of the death of one of the owners, their share becomes part of the deceased’s estate and does not automatically pass on to the surviving owners. Therefore, it is important that you refer to the Certificate of Title in the first place.

How Can You Avoid Common Mistakes?

A practical review of the application before lodgement can reduce avoidable issues. Start with the title, then compare every important detail against the supporting documents.

Pay particular attention to:

• The exact names shown on the title
• The deceased person’s date of death
• Differences in names or addresses
• Whether the joint tenancy remained intact
• Any caveat or other title issue
• Whether all required applicants have signed

When Legal Assistance Can Become Helpful?

Professional assistance can become necessary if your ownership history or estate circumstances are complicated. This can include disputes in ownership, possible surveillance, unusual title arrangements or uncertainty about appropriate application. A survivorship application lawyer in Perth can also help you with document collection, title verification, electronic lodgement and preventing possible errors.

Final Thoughts

Survivorship applications in Perth are reviewed by matching the proposed registration with the property’s registered ownership and supporting evidence. During the review, Landgate considers the title, proof of death, identity information, statutory declarations or any other case-related factors. For applicants, the most appropriate preparation is checking the title first and making sure that every document has the accurate information. If you’re willing to make a survivorship application or already have a submitted application, consulting with property lawyers in Perth can help you take the most appropriate steps.