Can a Deceased Joint Tenant Buyer Or (minor) under age of 18 – be e-settled within scope in WA?

1/16/2020
Written by

Question: Can a Minor, or Deceased Joint Tenant Buyer – be settled within an e-settlement scope in WA?

A: You may know that the Client Authorisation Form (CAF) immediately ends upon the death of that client (except in South Australia -ref https://www.arnecc.gov.au/__data/assets/pdf_file/0012/698718/MPR-Guidance-Note-1-Client-Authorisation.pdf).

Department Finance Office of State Revenue

Office of State Revenue (OSR) using Revenue-On-Line (ROL) might have an issue with an incompletely signed substituted buyer form. Unless the surviving Joint-Tenant is able to execute for the deceased and provide the Death certificate as evidence with the Substituted buyer form, apparently, OSR will accept the certified death certificate be retained by your conveyancer with the fully executed substituted buyer form as evidence…

By extension, and at-a-guess that either;

Grant of Probate or;

Letters of Administration would be required for Tenant-in-Common and/; Intestate (deceased without a will) matters-in-the-same-situation (Deceased Estate whilst Buying).

Children holding flags

Another interesting fact is that minors (under 18) are flagged in the ROL system, but are still able to be assessed for immediate assessment of Duty, thus eligible of immediate assessment for e-settlement within the Electronic Lodgement Network (ELN), although upon registration the local registry may detect the minor’s age and be flagged to place under Registrars Caveat likely since Dates Of Birth are not yet listed (despite being collected) on Certificate of Title in W.A.

What is uncertain is how and whom under what capacity should the CAF be executed by or for a minor.

Of course, there is the question, if should you enter into a contract with a minor? (https://www.heraldsun.com.au/realestate/never-too-young-to-buy-property/news-story/6ae0f4793af6703ab680325f2cdfcaef)

As in all cases, please seek appropriate professional advice before acting on the above information.

Leave a Reply

Your email address will not be published. Required fields are marked *