Unrepresented Transferors/Deceased Estate/Paper Title
I have 2 questions.
We need to transfer a property which is registered in the names of the legal personal representatives of the deceased, to the trustee of a trust created under the deceased's Will (transferee).
Our instructions come from the intended transferee (who has been dealing directly with the executors).
Do we need to act for all parties (the transferor executors and the transferee) in PEXA? If so, do we just need signed client authorities for all parties (both transferors, ie the executors), as well as the transferee? Is there any way to create the transfer in PEXA and then send the transfer to the executors to sign and have their identities verified at Australia Post, or do we need to sign for them in PEXA?
To convert the pCT to an eCT in PEXA I'm assuming we need to be in the role of Proprietor so would need to be acting for the transferors? What do we then do with the pCT - does this need to be returned to the LTO?
Re: Unrepresented Transferors/Deceased Estate/Paper Title
You will have no problem transferring property registered in the names of LPR's of a deceased to a Trustee of a Trust in PEXA. I have sought to answer your specific sub-questions below.
All parties (all transferors and all transferees) must be represented. Your firm may represent all parties or some.
All parties that are represented must sign a Client Authorisation enabling their selected representative to digitally sign on their behalf.
The representative is responsible for completing VOI or all represented parties.
If your firm is the custodian of the pCT, as part of the PEXA transaction you will need to 'Convert the pCT to eCT and Nominate to the Lodgement Case' in which the dealing is to be lodged.
Note - if you firm is the custodian of the pCT AND the unlodged paper Discharge of Mortgage, then you will need to provide the title and Discharge of Mortgage to the bank and have the bank lodge the Discharge of Mortgage. This may be done in a separate lodgement case, or the same lodgement case in which the Transfer from the LPR's to the Trustee is being done. From a practical sense, I suspect it will be simpler from an orchestration view point to complete the Discharge in a separate lodgement case in this circumstance, but please check with the responsible bank for their preference.
If you need assistance with this dealing please contact me @GeorgePolus and I will arrange for one of our PEXA Direct specialists to assist you.