Standalone Survivorship Application (ASP) - VIC | Help Centre

[EmilyBilling]

Last updated: 11 February 2020
Jurisdiction: VIC
Additional Resources: Help Card

 

Overview

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PEXA supports a standalone Survivorship Application in Victoria. If a joint tenant on a property title passes away, then the surviving proprietor should make an application to the Land Registry to have the deceased’s name removed, so that only the surviving proprietor’s name is on title.

 

Webinar

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Watch the webinar and demo of Survivorship below

Give it a go in this Interactive Demo

Click on "I'd like to try it myself" to get started. Note: To open the simulator in a new screen, click here. 

 

Steps

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To complete a Survivorship Application, follow the below steps. We have created a scenario to assist with this how-to article.

Scenario:

Margaret and Maxwell Black are joint tenants of a property in Lorne, Victoria. Maxwell Black has passed away. You have received instructions from Margaret to complete a survivorship application to remove Maxwell as a proprietor from the land title.

Important note: the same Subscriber must represent all surviving Proprietor’s on Title.

Instructions

1. Create Workspace in the role of Proprietor on title.
2. Check the Land Titles screen.
3. Navigate to the Participants screen:
   • Select Edit Party to confirm you represent Margaret Black and complete any outstanding details.
   • For Maxwell Black, select Edit Party to edit his details and select The Proprietor is Deceased.
4. Navigate to the Documents screen and select Create Document and then Survivorship. 

   

   Important Note: If there are multiple Joint Tenancies, select the correct Joint Tenancy from the Joint Tenancy drop down box.

5. Review the details and select Save. 
6. If you hold a duplicate certificate of title, prepare the Nomination now:
   • On the Document screen select Create Document>Nomination
   • Complete the details and select Save. 
   • View and  Sign in the usual manner. 
   • Note: the Nomination will automatically lodge upon signing.

   Note: If the title is an eCT and you are named as the CT Controller, no Nomination is required.

   Note: If a third party (e.g. a bank) holds the duplicate Certificate of Title or is named as the CT Controller of an eCT, you will need to invite them into the Workspace to prepare the Nomination.

7. Edit the Lodgement Instructions. View, Sign and Submit for lodgement in the usual manner.

Important notes:

• If the Survivorship Application is required for a Transfer, you will need to complete a standalone Survivorship Application prior to opening the Transfer Workspace.
• Should you inadvertently create a Transfer Workspace that requires a Survivorship, create an additional Workspace and lodge the Survivorship, then request an Information Resupply in the Land Titles screen of the Transfer Workspaces after successful registration of the Survivorship Application.

[jvilar]

Hi Emily, a couple of questions please re Survivorship:

1. Do we need to transfer Control or create a Nomination doc to lodge this application (as this is only for VIC)?

 2. My understanding is that these Survivorship applications can only be initiated by Solicitors, as the only role type in PEXA that can use this is ‘representing the Proprietor on Title (POT)’, and Banks/FIs cannot represent POT or IP.  Thus the FIs/banks’ involvement will be purely to give consent (via CT transfer or Nomination - subject to the answer to question #1)?  Please confirm if this is correct.

3. Is this for both ADI and non-ADI?

Thanks much and kind regards,

Jojo

[SimonV]

@jvilar Hi Jojo, thanks for the great questions.

Please see our replies below:

1. Do we need to transfer Control or create a Nomination doc to lodge this application (as this is only for VIC)? Yes, a Nomination is required to lodge a Victorian Survivorship if the Participant is not the CT Controller
2. My understanding is that these Survivorship applications can only be initiated by Solicitors, as the only role type in PEXA that can use this is ‘representing the Proprietor on Title (POT)’, and Banks/FIs cannot represent POT or IP.  Thus the FIs/banks’ involvement will be purely to give consent (via CT transfer or Nomination - subject to the answer to question #1)?  Please confirm if this is correct. A Victorian Survivorship can only be created by a Solicitor or Conveyancer who represents the surviving tenants. Therefore, if the Financial Institution (FI) is the CT Controller they will need to lodge a Nomination.
3. Is this for both ADI and non-ADI? Yes, if the CT Controller is not the participant lodging the Victorian Survivorship, then the CT Controller will need to lodge a Nomination in the workspace or Transfer CT Control.

Kind regards,

Simon,

PEXA Product Owner

[jvilar]

Thanks much for the quick reply, Simon!  Much appreciated.

Kind regards.

Jojo

[RD]

Does the PEXA Survivorship Application functionality currently extend to surviving mortgagees on title?

[EmilyBilling]

@RD this question has been answered here https://community.pexa.com.au/t5/Ask-the-PEXA-Community/Survivorship-Application-functionality/m-p/6...

[ClaireK]

Land Victoria requires a statutory declaration to be lodged as supporting evidence when a paper survivorship application is lodged, but I didn't see any mention of this in the steps above.  Is this part of the evidence required to be held by the lodging party as certified when signing?

Thanks

Claire

[SimonV]

Hi @ClaireK For the Victorian Survivorship - no supporting evidence is required to be supplied to LUV when lodging via PEXA. Evidence of Death is automatically noted as a Dealing Requirement in the Lodgement Instructions, and the signing certifications state that the Certifier has retained evidence supporting the registry instrument of document.

Cheers,

Simon

[nicolalambrakis]

When an FI receives a survivorship application from a solicitor, where a discharge is also required as the debt has been repaid, can we create the discharge document & lodge in the same workspace?  or does a new workspace need to be created?

If not, please explain why?

We have been receiving survivorship applications from Solicitors with the role of Mortgagee on Title instead of CT controller which has been causing some confusion.

Thank you

[SimonV]

@nicolalambrakis The Discharge can absolutely be completed by the Mortgagee on Title in the same workspace as the Survivorship.

Cheers,

Simon

[nicolalambrakis]

Simon,

I have been on the phone with your PEXA Helpdesk and they noted this was NOT possible.

I am confused.

I can provide you with the INC number if required.

I've also confirmed with another colleague who also called the PEXA helpdesk and was told this was not possible.

Can you please confirm.

Thank you

[nicolalambrakis]

Thank you Simon,

I received an email from your Help Desk confirming they had misinformed me and we can include a Discharge of Mortgage & Mortgage in the same workspace as the Survivorship application.

It's only a Transfer that cannot be included.

Thank you

[SimonV]

@nicolalambrakis Thanks for asking the question! It has given us the chance to correct the understanding of our Support Team (It's nearly impossible for every member to be 100% across every little detail) 

[lyndelb]

Can I clarify @ClaireK question about and @SimonV response.

I  understand that Pexa don't require any evidence such as the Stat Dec to be provided as evidence but do Land Victoria require us to hold a Stat Dec on file.  We obviously have done all checks of identity etc and hold the death certificate etc, but is my understanding correct that we don't need the Stat Dec held on file if lodging via Pexa?

[LG]

Hi, I was wondering if you know when we will be able to do a survivorship app + transfer in the same workspace? Thank you

[Andrea67]

Is there any plan to be able to download a Notice of Acquisition on PEXA when registering a Transmission (Application by Legal Personal Representative or Application by Surviving Proprietor), so that we don't also then have to complete this via the SRO website?