Transmission Application SA by Executor of an Unregistered Executor
Hi. Can I do a Transmission Application on behalf of the executor of the estate an unregistered executor in South Australia, and if so what is the process to do that? I got to the "Party Capacity" in the document section and it didn't seem to have this option. (I.e., the incoming proprietor is not the executor of the estate of the proprietor on title, but is the executor of the executor of the proprietor on title.) Thanks in advance.
In South Australia the transmission document asks the following questions:
Is the Deceased party registered on title as an Administrator or Executor? If yes, please enter the details of the Deceased Proprietor on Title; OR
Are there any executors, of whom probate has been granted but not registered, who are now deceased (except if there is a Surviving Executor)? If yes, please enter their details; OR
Are there any executors, of whom probate has been granted but not registered, who are incapacitated? If yes, please enter their details.
From the information you have provided I am not clear as to the exact circumstances, however, if the executor you represent is the executor of the individual who was named as an executor but never registered on title then you would be able to complete the transmission in PEXA. You would answer Yes to the question above and provide details of the unregistered executor as an example.
In PEXA in the role of Incoming Proprietor you would represent your executor (provided you have a signed CAF and VOI) and assign them a party capacity of Executor (if that is correct).
Please let me know if I have answered your question or if you need any further assistance.