Transmission application (No Grant in Queensland or no Queensland Recognised Grant) (Form 5A)

Section 111 of the Land Title Act 1994 (Qld) lets a person apply to be registered as personal representative of a deceased registered owner. Where no grant has been obtained or resealed in Queensland, the Registrar can still register the applicant: if there is a will, where the applicant is or is entitled to be the personal representative, or would succeed in an application for a grant (s 111(2)(c)); if there is no will, only where letters of administration have not been granted in Queensland within 6 months of death, the gross Queensland estate (excluding joint tenancy property) was no more than $300,000, and the Registrar considers the applicant would succeed (s 111(2)(b)). The Registrar then acts much like a court of probate (Land Title Practice Manual (LTPM) [5-2150]). A grant from another Australian state or territory, New Zealand or the United Kingdom is a Queensland recognised grant and uses Form 5 instead. Form 5A is version 8 and includes a declaration annexure on page 2.

When you need it

• The executor of a will that has not been proved wants to be registered for the deceased's Queensland land.
• The owner died without a will, at least 6 months have passed with no letters of administration in Queensland, and the gross Queensland estate was not over $300,000.
• The deceased held as sole owner or tenant in common. A deceased joint tenant's share passes by survivorship and is recorded with a Form 4.
• Not for registering a beneficiary directly (Form 6), and possibly unsuitable where the land is a partnership asset or the deceased was an undisclosed sole trustee (LTPM [5-4200]).

1. 1

   Items 1 to 3: deceased, land and interest

   Insert the deceased's name as recorded on the title, the lot on plan description and title reference (use a Form 20 Enlarged Panel if needed), and the interest held, such as 'Fee simple' or '1/2 interest in Fee simple'. Different interests need separate applications.

2. 2

   Item 4: applicant

   Insert each applicant's full name (and ACN for a company) and a postal address for service of notices, including rates.

3. 3

   Item 5: documents deposited

   List the original last will (rule through if there is none) and the death certificate issued by the Registry of Births, Deaths and Marriages or equivalent evidence from elsewhere. Rule through anything that does not apply.

4. 4

   Item 6: request and signature

   Each applicant signs separately before a witness qualified under Schedule 1 of the Land Title Act, or the applicant's solicitor signs and prints their full name, in which case no witness is needed.

5. 5

   Page 2: declaration by applicant

   Paragraph 1 states the basis of entitlement, for example executor of the will. Paragraph 2 confirms a search found no Queensland grant made, applied for or caveated; no evidence of the search is lodged but it should be done just before signing (LTPM [5-4173]). Keep only the paragraphs 3 to 10 that apply about marriage, civil partnership, de facto relationships or the intestate estate value, and rule through the rest. The declaration is made under the Oaths Act 1867 before a person listed in s 13 of that Act, or in the correct form for the place it is signed.

• Lodge on paper by post with payment and the original documents to Titles Queensland, GPO Box 1401, Brisbane Qld 4001. An original will deposited with a transmission is kept as a permanent public record (LTPM [5-2130]).
• Titles Queensland's Titles Electronic Drop Box (TED) lists 'Form 5/5A - Transmission by Death (Grant Issued)' among its accepted dealings. A Form 5A made with no grant at all is not on that list, so check TED's eligibility list before using it.
• Form 5A is not on Titles Queensland's eConveyancing available instruments list; Form 5 is.
• A lodgement fee applies; check the Titles Queensland fee calculator.

• Where there is a will, check the cause of death on the certificate. If it suggests a lack of testamentary capacity when the will was made, the Registrar will want evidence such as a doctor's letter (LTPM [5-4140]).
• If the deceased's name on the certificate or will differs materially from the title, a supplementary declaration in Form 20 with supporting evidence is needed (LTPM [5-2120]).
• An executor named only by position, such as a partner of a named firm, needs an original Deed of Nomination and Acceptance deposited with the Form 5A.