Acting for Transferor in their own capacity and as Executor

[ChrystalCann]

Hello,

Can someone please advise if it is possible to settle via PEXA when the Transferor is the Executor of an estate and also holds a share of the property in their own right? I have created a workspace and in the land titles description it shows both proprietors on the title but in the participants it only shows one party.

VIC transaction.

Thank you,

Chrystal

[GeorgePolus · Accepted solution]

Hi Chrystal,

My understanding of the scenario is as follows.

• Originally, A and B were proprietors as tenants in common.  
• B is now deceased and has named A as their Executor.
• Following registration of the Transmission Application, the proprietorship of the title is now A (with A's original  share) as Tenants in common with A in Capacity of LPR (with B's original share). 

Am I correct in my understanding of the scenario? 

If so, then right now, this scenario is not supported in PEXA.   

However, we expect to have this scenario supported and live in PEXA in July.

Please check in with me @GeorgePolus later in June and I will confirm the release date of the updated capability . 

Regards

George 

[ChrystalCann]

Hi George,

Thank you for your reply. Yes, you have understood the scenario correctly. I will keep my current workspace open as the settlement is not due until September so I will touch base later in the month.

Thanks 

[MorganConveyancing]

We recently had one like this and ended up having to settle on Paper.  PEXA advised they couldn't do it.

[GeorgePolus]

Hi Julie,

Yes.  That is correct.   Right now PEXA is not able to support this scenario.  We are aware of the issue and what needs to be done collectively with jurisdictional Land Registries and OSR's to rectify it. 

We will have updates in July that will break through some, if not most, of the scenario limitations.   We will continue to work with our LR and OSR colleagues to remove all of the scenario limitations. 

regards

George 

[IsaacMahoney]

Hi George, 

Are you able to provide an update as to whether this functionality is now available in PEXA? 

Kind Regards, 

Isaac