Authority Update - QLD - New Declarations for Titles Registry Forms 5A and 6

The addition of section 15B to the Succession Act 1981 relating to the ending of de facto relationships may affect the validity of a disposition, appointment or grant made to a former de facto partner by a will, where the testator died on or after 5 June 2017.

Where a transmission application is: 

  • supported by an original will; and 
  • the deceased died on or after 5 June 2017; and
  • the applicant was the current de facto partner (the relationship existed at the date of death) or former de facto partner (the relationship ended before the date of death) of the deceased; 

Transmission Applications Form 5A -Transmission application by personal representative (no grant in Queensland) and 
Transmission Application Form 6 -Transmission application for registration by devisee/legatee must now include any applicable statements from the following:

For a Form 5A-Transmission application by personal representative (no grant in Queensland)

If a will and deceased died on or after 5 June 2017 and applicant is surviving de facto partner

  • The de facto relationship between the deceased and me had not ended.

If a will and deceased died on or after 5 June 2017 and de facto relationship between the applicant and deceased had ended

  • The de facto relationship between the deceased and me had ended, however by the deceased's will the deceased expressed an intention that my appointment as executor would not be revoked.

For a Form 6-Transmission application for registration by devisee/legatee

  • If deceased died on or after 5 June 2017
    • The de facto relationship between the deceased and me had not ended.
      (Required if the applicant is surviving de facto partner of the deceased and has not been granted a grant of representation in Queensland)
    • The de facto relationship between the deceased and me had ended, however by the deceased's will the deceased expressed an intention    that my entitlement as beneficiary not be revoked.

Transition
The Land Title Practice Manual has been amended to incorporate these changes and the new versions of the forms (Form 5A - Version 7 and Form 6 - Version 8) with the updated Declaration by Applicant annexures with the applicable statements from above are now available from:

https://www.business.qld.gov.au/industries/building-property-development/titles-property-surveying/titles-property/titles-registry-forms

The new practice applies immediately and the new versions of the forms with the updated Declaration by Applicant annexures must be used.

Until 31 August 2017, no requisition fee will apply to any requisition that issues only in relation to the above requirement.

After 31 August 2017, if an older version of the relevant Declaration by Applicant annexure is used a requisition will issue for the Declaration by Applicant annexure to be re-executed using the current version and a requisition fee will be applied.

Land Title Practice Manual updated published 28 July 2017

The Land Title Practice Manual (Qld) has been updated, effective from 28 July 2017. Important changes have been made to a number of parts.

The Land Title Practice Manual web page contains a link to a tracked changes version which outlines the changes to the relevant parts. The tracked changes version also contains a summary of the published changes. Details of the changes are available at https://www.business.qld.gov.au/industry/titles-property-construction/titles-property/practice-manual

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Disclaimer: The information herein has been prepared by SAI Global Property Division Pty Ltd ACN 089 586 872 from information released by the Authority cited on this page. It is provided as general background information only; it is not complete; and it does not comprehensively address this subject matter. Readers should not consider the information so provided as advice nor as a recommendation to take any particular course of action. Persons needing advice should consult their own solicitor, accountant or other professional adviser.