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South East Melbourne Corporate Law

What is a Survivorship Application?

If a property is owned by two or more people as joint proprietors and one person passes away, their share will automatically go the survivor(s) that are registered on the certificate of title.

If this is the case, you will need to lodge documents with the Land Titles Office Victoria in order to formally change the names on the Certificate of Title. This is called an Application by Surviving Proprietor (“ASP”). This will need to be done on the electronic conveyancing called PEXA.

You will need the following documents in order for this application to be lodged:

  1. Death certificate of the registered proprietor; and
  2. Original certificate of title.

If there is a mortgage registered on the Certificate of Title, the mortgagee, will also need to provide consent for the ASP to be lodged.  This can be done online via Pexa.

If you require any assistance in lodging an ASP and or liaising with your Mortgagee, please contact us at Wollerman Shacklock on 9707 1155.