Form 20 Statutory Declaration

[AlexSmith]

Under the TRUSTS  ACT  1973 STATUTORY  DECLARATION QUEENSLAND must be lodged with the From 1 Transfer

How do I create this document in the workplace? 

[Thanh]

Hi @AlexSmith 

In PEXA details of any trusts which record Transferees as Trustee are captured within the Transfer document by the Incoming Proprietor. Details of the Form 20 can only be viewed from the rendered copy of the Transfer

This means that a Form 20 is not required to be filled out, it will automatically form part of the Transfer Document and be available to view on the rendered copy of the Transfer document. 

Please see below link for more details:

https://community.pexa.com.au/t5/Queensland/Form-20-Schedule-Trust-Details-Form-Transfer-as-Trustee-...

[MelMcD]

Hi

I understand that there is now an option for the Statutory Declaration for the local government to be dealt with in PEXA as per below.   

This is where the local government is to confirm that the land is not being transferred to the local government as sole Trustee under section 117 (1) of the Trusts Act 1973: Where land under the provisions of the Land Title Act 1994 is transferred to a local government, as sole transferee, by means of an instrument of transfer, such instrument shall not be registered in accordance with the provisions of that Act unless it is accompanied by a statutory declaration made under the Oaths Acts 1867 by the prescribed person or persons declaring that the land is not being transferred to the local government as a sole trustee.

https://community.pexa.com.au/t5/PEXA-Product-Releases/PEXA-Release-16-0-0-07-May-2022/ba-p/24199

The relevant information can be located under New Attachment Type – Statutory Declaration – QLD: A new attachment type of Statutory Declaration can now be attached to a Transfer in QLD. This attachment type will allow Local Governments not transacting in a capacity to represent a purchaser in QLD.

How do we actually do this in practice?

Thank you.