Summer services update
If the last surviving joint tenant dies before a transmission by survivorship to that person was registered, two transmissions are required to be registered.
The first transmission should be a transmission by survivorship to the last surviving joint tenant. The second transmission should be a transmission by executor/administrator to the executor or administrator of the estate of the last surviving joint tenant.
The practitioner certifying the transmission instrument will need to hold as evidence:
- an A&I form from each executor or administrator of the last surviving joint tenant that records both transmission instruments
- a statutory declaration from the executor or administrator that includes a recital about the sequence of events for both the transmission by survivorship and the transmission to the executor or administrator
- certified copies of the death certificates of each joint tenant, and
- a certified copy of the probate or letters of administration of the last surviving joint tenant.
Life estate or lease for life
For life estates or leases for life, only one transmission determining the life estate is required. In this case, the practitioner certifying the transmission instrument will need to hold as evidence:
- an A&I form from the remainderman or reversioner
- a statutory declaration from the remainderman or reversioner that includes a recital about the sequence of events for the deaths of the life tenants, and
- certified copies of the death certificates of the life tenants.
For guidance on how to prepare the transmission in Legacy Landonline see:
Prepare a transmission: Determination of life estate or lease for life on death of life tenant/lessee