About ereese

Hi, We need to lodge a caveat over a property to protect our client's interest - he is the principal beneficiary of a special disability trust. 60% of the property is held in the SDT and 40% in the name of a family member.  Can we lodge a caveat over the portion in the trust only?   Thanks, Erika ... View more

Hi all,   My clients are the parents (A &B) of C.  C and A own a property as tenants in common in equal shares.  A & B have loaned C money to purchase C's half of the property which is secured by caveat.   A & B now seek to (a) withdraw the caveat and (b) A wants to transfer his half of the property to C as a gift.  Are these treated as separate transactions that must be lodged separately in PEXA, or can they still be lodged directly with the Titles Office after the transfer is processed in DOL?    If this needs to be processed through PEXA, how do we go about paying the duty at the time of the transfer?  We don't have a trust account so would be using the PEXA source account.  Does the duty and all registration fees simply get deducted from our own office account or is it paid from the source account and we're then sent a bill?    Thanks, Erika ... View more

I have 2 questions.   Background 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).    Question 1 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?   Question 2 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? Thanks, Erika ... View more