Transmission Application (APR) (VIC) | Help Centre

[Saysa]

Last updated: 17 October 2019
Jurisdiction: VIC
Additional Resources: Help Card

Overview

---

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.

Video

---

 

Interactive Demo

---

If you would rather try it yourself,  Click here to lauch an Interactive Demo

 

Steps

---

1. Create the Workspace in the role of an Incoming Proprietor.
2. Review the Land Title.
3. Create the Legal Personal Representative as an Incoming Proprietor party:
   1. Navigate to the Participants screen and then click Create Party.
   2. Select Incoming Proprietor as the role.
   3. Select the correct Party Capacity to be recorded on Title for the Legal Personal Representative.
   4. Complete the form per your normal process.
4. 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.
   1. Navigate to the Documents screen and then select Create Document > Transmission.
   2. Select the Title(s) that the deceased party(ies) is in:
   3. Select the Tenancy Group that the deceased party(ies) is in.
      That tenant now appears as deceased.
   4. 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.

   5. Save the changes.
5. Lodge a Nomination:
   If you are in possession of the certificate of title, you will need to create a Nomination.
   1. Documents screen, and Select Create Document > Nomination.
   2. Complete the details and select Save
   3. From the actions column select View to view the Nomination,
   4. 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.

6. Edit the Lodgement Instructions for the Transmission:
   1. On the Document screen, select 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.
7. Complete the Issuing Instructions as required and then click Save.
8. Sign and Lodge the Transmission Application documents:
   1. Once the Transmission Application is Prepared and Successful, select View from the Actions column to view a render of this document.
   2. Select Sign from the actions column to sign the Transmission
   3. From the Lodgement Instructions select Submit for Lodgement

Related Topics

---

• Survivorships or Transmissions and a subsequent Transfer
• Transmission Application (SA)
• Transmission Application (NSW)

[karenp]

My APR wont let me submit for lodgement.  When I did the nomination to eCT I ticked issuing instructions to me as eCT controller but it wouldn't let me lodge.  I withdrew the nominated to eCT and re nominated without issuing instructions - still won't let me lodge.

What are we meant to tick for issuing instructions on the nomination to eCT when we are immediately going to go in and lodge the APR?

I assume when I do the lodgement of the APR issuing instructions are to me as eCT controller because I want to keep the Title on behalf of the estate.

[ThanhHa]

Hi @karenp,

I have direct messaged you to work through this issue.

Regards,

Thanh

[cstewart]

Good morning,

Does PEXA support a Transmission Application when there are two executors (estranged), each seperately represented.

We would like to lodge a Transmission application and act for one executor.  Another subscriber acts for the second executor.  

Thank you.

[lyndelb]

Hi there,

When previously lodging the APR in paper you needed either Probate or Stat Dec to support the application.  Although you don't need these to lodge through Pexa, I assume you should hold either on your file, is that correct?  If you have a client authorisation can the solicitor sign the Stat Dec on behalf of the client?

Thanks.

[karenp]

Hi lyndelb

Yes, we do need to have either the Grant of Probate or stat dec to keep on our file. 

The Client Auth only gives you authority to sign the APR, NOT to sign the supporting stat dec, but if you have the Grant of Probate you don't need the stat dec.

Karen

[ThanhHa]

@cstewart the Transmission requires that all Legal Personal Representatives are represented by the same Participant.

If you have any further feedback on this, please continue to share them as it assists in the consideration of potential future enhancements.

Regards,

Thanh

[cstewart]

Thank you Thanh, that was what I was afraid of.

We have two independent executor siblings who will not agree on anything!  I will need to co-ordinate with the other lawyer subscriber and try to resolve how to move forward.  I image in these days of mixed families, this is something that should be considered for a future enhancement, as otherwise we cannot proceed to APR given the mandatory requirements for PEXA standalone transmissions.

[cstewart]

Does Pexa support a Transmission Application for Mortagee?.  I have always done these APR's in paper format, but cannot find any guidelines on Pexa.  The only information seems to be in the role of Incoming Proprietor, not, as can be done in paper as Incoming Mortgagee in capacity as Executor.

[lyndelb]

Hi @cstewart, yes I believe they do.  I've just done created two ASP's with mortgagees.  One was with the CBA and I'm waiting for them to create the nomination, but at least they've entered the workspace, but the one with the ANZ Bank I'm having issues with as they won't enter the workspace and I've now contacted them as Pexa suggested I do, and I now have to fill out paperwork before they will consent, after which time they will then enter the Pexa workspace. 

This is a response I got from our Pexa trainer when I queried the process;

This should follow the process for paper.  The bank won’t consent to a transaction that they haven’t received any notification about.

 You still need to provide the bank with the Death Certificate and a covering letter confirming that you’re acting in the matter.  They shouldn’t just accept the invitation without confirming that you act, as they won’t just consent to any transaction.

 I would recommend that you send your standard letter first, wait for a response back, usually with some sort of reference from the bank, and then you can invite them into the PEXA workspace.

.Sorry I can't be of more assistance.  It's hard getting the information you need.

[cstewart]

Thanks for your post, but in my matter, the deceased is the mortgagee, an individual.

Sorry for the confusion in my question.

We act for the registered proprietor, and her mother, the deceased who was the mortgagee on her daughter's property.

I would normally complete an APR with the mortgage number, so that the deceased mortgagee becomes the executor under the Will.

In Pexa, I can only create a workspace as an incoming proprietor, when the proprietor is the deceased party.

In this situation I would need to create a workspace as an incoming mortgagee, but the platform does not recognize that the mortgagee may be a deceased individual.

I will try to reach my trainer to clarify. 

[TJ]

Hey @cstewart, 

There's also the Survivorships or Transmissions and a subsequent Transfer  article in the Help Centre that might be useful.

[cstewart]

Thank you, but it does not refer to Mortgagee Transmission 

[ThanhHa]

Hi @cstewart,

The Transmission document currently only supports Proprietors on Titles. Transmission of an Interest Holder such as a Mortgagee will still need to be lodged via paper.

Regards,

Thanh

[LizC]

Hi 

So I take this to mean that we can't do a Transmission Application under Section 51(1) as the trustee of a bankruptcy via PEXA at this stage? 

Thanks 

[ThanhHa]

Hi @LizC,

This is correct, unfortunately a Transmission application by trustee of bankrupt is currently not available as part of the Transmission instrument on PEXA.

We are in discussion with the Land Registry to further the scope of transactions that can be processed on PEXA and will let you know once a Transmission application by trustee of bankrupt is supported.

Regards,

Thanh

[SRJ]

I am acting for an Estate with three Executors.  I have created all of them as parties in the workspace, all as incoming proprietors - Personal Representatives, but when I create the Transmission only two of them appear in the documents, and there doesn't seem to be any way to add another Applicant.  Am I missing something?

[SRJ]

I have sorted my issue concerning the three executors - a rookie mistake by me.

However I'm now having the same problem as @karenp in March above - the lodgement instructions for the APR are being rejected as requiring issuing instructions.  I clicked in the nomination that I wanted to retain control of the eCT after the transaction.

[ThanhHa]

@SRJ - has the Nomination been Lodged and successfully Registered?

If yes and you are still seeing this error, feel free to Direct Message me your contact and I can help troubleshoot the issue. Alternatively, you can also contact the Support Centre on 1300 084 515 (8.30am – 8.00pm AEST Monday to Friday).

Regards,

Thanh

[SRJ]

Thanh,

Thanks for following up. I had several difficulties, mostly of my own making, but I did finally get it registered.  One issue was not being able to sign the Lodging Instructions when they had been unsigned by the LTO verification response.  I'm not sure that is very user-friendly, but otherwise, all OK.

[cstewart]

Good morning,  Am I correct that Transmission application by trustee of Bankrupt Section 51(1) Victorian TLA is still not available on PEXA?  If so, any update on when this will be included?  Thank you.

[ThanhHa]

Hi @cstewart, the Transmission application by trustee of Bankrupt is still not yet available. We are still working with the Victorian Land Registry but can confirm that it will be part of the Residual Documents (refer: https://community.pexa.com.au/t5/Help-Centre/Residual-Documents/ba-p/14746). The first document for VIC as part of this is now available. We cannot yet confirm when the Transmission application by trustee of Bankrupt will be available as part of this but let you know once we able together with the VIC Land Registry.

Regards,

Thanh

[cstewart]

Hi Thanh,  I refer to our communication last year (copied below)

 

ThanhHa 

 ‎12-04-2018 07:47 AM

19607VIEWS

 

21COMMENTS

@cstewart the Transmission requires that all Legal Personal Representatives are represented by the same Participant.

Has this changed? 

We have two executors, represented by two practitioners, neither will budge in relation to representation, as they are in dispute.

How do we get a Transmission registered - is this sufficient reason for LTO to accept a paper lodgement?

Regards,

Thanh

[cstewart]

@cstewart the Transmission requires that all Legal Personal Representatives are represented by the same Participant.

Has this changed? 

We have two executors, represented by two practitioners, neither will budge in relation to representation, as they are in dispute.

How do we get a Transmission registered - is this sufficient reason for LTO to accept a paper lodgement?

Regards,

Thanh

[ThanhHa]

Hi @cstewart,

In accordance with rules set by Land Use Victoria, the Transmission document is a single counterpart document, meaning that all Legal Personal Representatives are required to be represented by the same Participant.

With regards to the eligibility for exemption from electronic lodgement, unfortunately PEXA is not in the position to advise. I would recommend that you contact LUV directly for the information you require.