Last updated: 17 October 2019 Jurisdiction: VIC Additional Resources: Help Card
PEXA supports the electronic lodgement of a Transmission Application in Victoria. If a Sole Proprietor, a Tenant in Common, or all tenants in a Joint Tenancy on a property title have passed away, then a Transmission application should be made to appoint a representative to an estate. Transmission Applications in PEXA cannot currently be used for scenarios involving bankruptcy, but we will advise you further once this is available.
A Transmission can be lodged:
Standalone, or in combination with a Mortgage, Discharge of Mortgage or Caveat
With or without financial settlement.
Currently, PEXA does not support lodging a Transmission in combination with a Transfer. In such cases, you would need to lodge and register the Transmission first, and then lodge a Transfer via a separate Workspace.
Important! Ensure the Transmission is lodged and registered prior to creating a Transfer Workspace.
Note: You are not required to provide supporting documentation in PEXA to lodge a Transmission but please ensure that you are in possession of the correct documentation.
Important: In R11.0.0, we're going to remove the Actions Cog button from the Participants and Documents screen. This affects the navigation path to select action items on these screens. We will update the help articles soon to reflect these changes.
Create the Workspace in the role of an Incoming Proprietor.
Review the Land Title.
Create the Legal Personal Representative as an Incoming Proprietor party:
Navigate to the Participants screen and then click Create Party.
Select Incoming Proprietor as the role.
Select the correct Party Capacity to be recorded on Title for the Legal Personal Representative.
Complete the form per your normal process.
Register the parties as deceased:
If there are multiple titles in the workspace, select the correct title.
If there is a single title, the title will be automatically selected.
Navigate to the Documents screen and then select Create Document > Transmission.
Select the Title(s) that the deceased party(ies) is in:
Select the Tenancy Group that the deceased party(ies) is in. That tenant now appears as deceased.
Under Applicant Details, select the primary deceased (if there are multiple deceased parties).
The primary deceased is the person who has most recently passed away, whose Legal Personal Representative will be recorded on title.
Save the changes.
Lodge a Nomination: If you are in possession of the certificate of title, you will need to create a Nomination.
Documents screen, and Select Create Document > Nomination.
Complete the details and select Save
Select the action cog for the Nomination, select View, Select Sign. The Nomination will automatically be lodged once signed.
Note: If another party is in control of the title, you will need to invite them into the Workspace in the role of CT Controller so they may prepare, sign and lodge the nomination.
On the Document screen, select Action cog> Edit against Lodgement Instructions. Notice that there is a dealing requirement. No evidence is required to be submitted via PEXA however ensure that you are in possession of the correct documentation.
Complete the Issuing Instructions as required and then click Save.
Sign and Lodge the Transmission Application documents:
Once the Transmission Application is prepared and Successful, select Action cog > View to view a render of this document.
Select Action cog > Sign Transmission
From the Lodgement Instructions select Action cog > Submit for Lodgement