on 03-10-2019 06:49 PM
on 03-10-2019 06:49 PM
I have a deceased estate, 2 properties, no mortgages but a caveat by the nursing home to secure outstanding fees.
What is the procedure to have the caveator consent to the Transmission so that Executor can become Incoming Proprietor with the caveat to remain in place pending a sale down the track?
In the "old days" a simple letter of consent lodged with the paper CT & TA would suffice.
Is the answer any different if one property is to go to the named executor but as beneficiary while the other property is to go as pure X to enable sale of that one to clear all debt?
Am happy just to get the X TA first through to sell that property to clear debt, and do TA as beneficiary later once all debt cleared if that is easier.
Thanks
on 04-10-2019 09:15 AM
on 04-10-2019 09:15 AM
@RichardFrazer Thank you for your question. The process has remain unchanged in that you are still required to obtain the caveator's consent. You will retain the consent, together with the other required documents, as supporting evidence. Please clarify further directly with the team at NSW LRS - econveyancingnsw@nswlrs.com.au. Their website is a useful reference - https://rg-guidelines.nswlrs.com.au/e-dealings
Kind regards, Michelle
on 10-10-2019 05:22 PM
on 10-10-2019 05:22 PM
Hi Michelle,
Thanks for your reply.
I still need some specific answers please:
1. Please confirm all I need to do is to obtain a written consent from the Caveator, retain that in my file, and submit the lodgement case for the Transmission Application without having to invite the Caveator to participate in the workspace;
2. OR Does the written consent once obtained have to be uploaded in some way for LRS to see?.
Thanks
on 11-10-2019 07:55 AM
on 11-10-2019 07:55 AM
@RichardFrazer Hi. Please refer directly to NSW LRS to confirm their requirements - econveyancingnsw@nswlrs.com.au.
Kind regards, Michelle