Transmission application for devisee/legatee (Form 6)

A person beneficially entitled under a will to a lot or interest of a deceased registered owner may apply to be registered as its owner (Land Title Act 1994 (Qld) s 112(1)). The Registrar may register them only if written consent is given by the person who is, or is entitled to be, the deceased's personal representative (or a person who would succeed in obtaining or resealing a grant), and the applicant satisfies the Registrar of their entitlement (s 112(2)). The application must state the lot, the interest sought and the nature of other known interests in the lot (s 113). Form 6 (version 8) is that application. It has three parts: the application, a declaration by the applicant, and the consent of the personal representative. It can be supported by a grant of probate or, where the will has not been proved, by the original will and a death certificate (Land Title Practice Manual (LTPM) [5-2000]).

When you need it

• A beneficiary (devisee or legatee) under a will wants the deceased's land or interest registered directly in their name, rather than first in the executor's name.
• The personal representative (or person entitled to be one) is willing to sign the consent, confirming debts, funeral and testamentary expenses and legacies have been paid or provided for.
• The deceased was a sole owner or tenant in common. A joint tenancy passes by survivorship and is recorded with Form 4.
• To register the executor or administrator instead, use Form 5 or Form 5A.

1. 1

   Page 1, Items 1 to 4: deceased, land, interest and applicant

   Insert the deceased's name as recorded on the title, the lot on plan and title reference, and the interest held (with the fraction if only a share, for example '1/2 interest in Fee Simple'). In Item 4 insert each applicant's full name and, if more than one, how they will hold (for example 'as tenants in common in equal shares').

2. 2

   Page 1, Item 5: documents deposited

   Keep the documents being deposited and rule through the rest: a grant of probate, letters of administration with the will annexed or a reseal from the Supreme Court of Queensland, an exemplification or grant from elsewhere, or the original last will with a death certificate. If there is a will, the original will and death certificate must be deposited (LTPM [5-4260]).

3. 3

   Page 1, Item 6: request and signing

   Each applicant signs separately before a witness listed in Schedule 1 of the Land Title Act 1994, giving the witness evidence of identity. Alternatively a solicitor signs for the applicant, prints their full name, and no witness is needed.

4. 4

   Page 2: declaration by applicant

   Complete the declaration: that the applicant is the devisee or legatee, the will clause describing the land (if needed), that the attached Form 24A is correct, and the statements about marriage, civil partnership, de facto relationships and witnessing of the will that apply. Rule through what does not apply. Paragraph 6 (a Queensland search showing no grant) is needed only if the will is not proved or resealed in Queensland. It must be witnessed by a person authorised under the relevant oaths law.

5. 5

   Page 3: consent of personal representative

   Each personal representative inserts their name and address, states the basis of their entitlement (grant, named executor, or other), and signs before a Schedule 1 witness. The consent is required even if the personal representative is also the applicant (LTPM [5-4350]).

• Lodge the Form 6 with the documents listed in Item 5, any supplementary statutory declarations, a Form 24A (Property information - transmission application) for fee simple, State tenure or a water allocation, and a Form 25 (Foreign ownership information) if applicable (LTPM [5-4360]).
• An original will must be posted to the registry. It is not returned: it is kept as a permanent public record and released only to the Supreme Court for a grant application or in limited withdrawal cases (LTPM [60-1030-4], [5-2130]).
• Lodge by post to Titles Queensland, GPO Box 1401, Brisbane Qld 4001, or through eLodgement if you are a registered industry user. Form 6 is not one of the dealings accepted by TED or listed for eConveyancing.
• A lodgement fee applies; check the current amount with the Titles Queensland fee calculator.

• Never staple, pin, clip or mark an original will. Any sign of an attachment can suggest another testamentary document was attached, and the Registrar may then require a declaration of plight and condition (LTPM [5-2080]).
• Where the cause of death on the death certificate suggests the deceased may have lacked testamentary capacity when the will was made, expect to provide medical or solicitor evidence of capacity (LTPM [5-4260]).
• If the beneficiary is named differently in the will, is a substituted beneficiary, or must meet a condition such as reaching an age, include evidence of entitlement in the declaration (LTPM [5-4290]).