Losing someone dear is a very tough and painful experience, and dealing with their estate might, at times, become an extra burden. In Perth, an application for survivorship is one of the most important legal actions that must be taken following the death of a joint tenant. This procedure is necessary to confirm that the remaining joint owner will take over the property.
Although this procedure may seem simple, there can be room for application mistakes that cause unnecessary delays and some loss of funds. Understanding reasonable opportunities and how to prevent these challenges will ultimately make this process much easier.
A survivorship application is one of the legal processes applied in instances where a joint owner of property dies. In joint tenancy, the owners have equal rights to the property. When one of the owners dies, the survivor is the sole owner; however, in order to formalise the title of the property, a survivorship application Perth is required to be lodged with the land titles authority, Landgate, in Western Australia.
This is a practical application used to get the name of the dead person off the property title and the name of the surviving owner on the property title so that the handing over of ownership becomes clear and legally acceptable.
While the process itself appears simple, several areas can cause your application to be slowed down or even rejected. Understanding how to prevent these errors can save money, stress, and time.
The most common errors include the presentation of incomplete or faulty documentation. In order to have a survivorship application, one needs certain documents, such as:
The other typical failure is the misinterpretation of ownership of property. Prior to filling, it is essential to ensure that the property is actually held in joint tenancy rather than tenancy in common.
In a joint tenancy, the right of survivorship is automatic, whereas in a tenancy in common, the share of every owner is included in their personal property and passes through probate. Failure to verify the nature of ownership prior to submitting the survivorship application Perth may result in legal encounters and postponements on the transfer of ownership.
Minimal errors in spelling, addresses or title numbers will slow processing. Make sure that the deceased’s data is the same as the Death Certificate and the title deed of the property. Any disparity will need to be further confirmed, and this will slow down the registration process.
In case you are uncertain about filling in the sections of the form correctly, the survivorship application lawyers Perth can assist you in avoiding clerical errors that could result in rejections.
Once an application is made regarding survivorship, most of the property owners neglect to update other records related to the same. You must notify your bank, local council, and property insurer once Landgate is updated on the title of the property.
Failure to update these details may confuse the ownership of the property, and this may have an impact on any future transaction of the property, like refinancing, selling, or transferring the property.
Although the filing of a survivorship application might be easy, it goes through property law and administrative regulations. Mistakes may result in unwarranted delay or conflicts, particularly when other assets or wills are concerned.
The involvement of seasoned property lawyers Perth can facilitate the process. They are able to make sure that your paperwork is well prepared, checked and submitted as per the rules of Landgate. Lawyers will also be able to advise you on the surrounding property settlement issues in case the property is part of an extended property.
Transfers by way of survivorship are usually not subject to stamp duty in Western Australia, although it is crucial to ascertain that. Most applicants end up paying irrelevant application fees, or they do not attach exemption declarations.
The survivorship application process requires attention to detail and proper documentation to prevent mistakes like incorrect ownership checks or incomplete paperwork, which can lead to delays and charges. Hiring professional property lawyers in Perth can ensure correct and smooth filing if you don’t know how to file a survivorship application in Perth.
Moreover, the best property settlement lawyers in Perth can assist with other property or estate issues to make the acquisition process less complicated.