You can now lodge a Transmission Direct to Beneficiary in PEXA. A Transmission Direct to Beneficiary allows for a title to be directly transferred to a nominated beneficiary (without a Legal Representative Executor first obtaining ownership of the title).
In this instance, when a Sole Proprietor, a Tenant in Common, or all parties in a Joint Tenancy are deceased, and a beneficiary is nominated, you can lodge a Transmission Direct to Beneficiary to transfer ownership of the title from the deceased directly to the beneficiary. This is different from a Transmission Application where the title is first transmitted to a Legal Representative Executor before being transferred to a beneficiary.
The following information is required when lodging a Transmission Direct to Beneficiary:
Grantee Details (Executor, Executor by Representation,Administrator, or Trustee)
For an application lodged with a Transfer in the same Workspace, select Yes
Complete the other fields as required.
Review the Land Title.
Create the Beneficiary Party:
Navigate to the Participants screen and then click Create Party.
For Party Capacity to be recorded on Title, select one of the following options:
Next of Kin
Complete the rest of the form as per normal.
Register the Proprietor(s) on Title as deceased:
On the Participant screen, select Action Cog > Edit Party next to the party to be registered as deceased.
For Representation, select The Proprietor is Deceased.
Add Details of Death:
Click Add Details of Death.
Enter the Date of death.
Complete the rest of the form as per normal and then Save the changes.
Create a Transmission Direct to Beneficiary document:
Navigate to Documents > Create Document > Transmission Direct to Beneficiary. By default, the Applicant Details are pre-populated with the party you created in step 3.
For Tenancy, select the deceased tenant. Ensure that Details of Death has been added against the selected tenant.
Under Applicants, select the beneficiary and the desired tenancy structure.
Under Grantee Details, enter the name and party capacity.
Confirm that "Written consent to this Application has been obtained from the executor of the will/administrator of the estate/trustee of the estate of the deceased registered proprietor" by selecting Yes.
Add Evidence Details:
Select the Evidence Type.
Enter the reference number and date.
Click Add Evidence to add additional evidence if required.
Save the document.
Edit the Notice of Sale:
On the Documents screen, select Action Cog > Edit next to Notice of Sale.
Complete the fields and then Save the changes. The document status for Notice of Sale should now be Prepared.
On the Stamp Duty screen, click Enter Duty Information.
Type in the OSR reference number and then Save the changes. The stamp duty is automatically verified, and the stamp duty verification result should return as Successful.
Create a Consent:
On the Documents screen, select Create Document > Consent.
Complete the fields and then Save the changes. Note: If there is a mortgage registered on title, you will need to invite them into the Workspace as Consentor to complete the Consent document. This is completed via the Participants screen.