A title held by a deceased individual can be involved in a transform; however, if a source parcel in a transform is in the name of a personal representative, the system functionality of the Land Registry does not allow one of the new parcels to be setup in the name of a personal representative without a transfer back to the deceased.
Any transform packet involving a title held by a deceased individual, therefore, requires that after you have completed all the set up applications, you insert an Application for Transmission. This application sets up the title to new parcel (raised in name of deceased) back into the name of the personal representative.
What does the packet contain?
- Application for transfer (Part I: surrender)
- if the title is in the deceased’s name, the authorization will be the Letters Probate or Letters of Administration and any other authorizations signed by source parcel owners
- if the title is in the name of the personal representative, then the personal representative can authorize the transform without the letters probate
- affidavit of value
- Transform Approval Certificate (TAC)
- Application for transfer ( Part II: setup)
- in the setup, you should complete Section B with the deceased’s name and use an incomplete address such as Regina, Sask., so that the system will not generate a notice to the deceased. Note: OLS requires a complete address be entered or your packet will fail validation. If you are a law firm submitting this packet and you are concerned that a notice to the deceased will upset your client, you may use the deceased’s name but the law firm’s address so that the notice will generate to your law firm.
- Application for transfer (Part II: setup)
- Any other parcels under the transform approval certificate will be set up in the normal way
- Title transmission
- Include the Application Sequence Number of the particular application in a forms packet, or refer to the previous application in an OLS packet, which put the new parcel into the name of the deceased.
- In a forms packet, in the “deceased name” section, do not include a client number but instead show the application sequence number from the setup which set out the deceased’s name. And insert only the name of the deceased person. In an OLS packet, you select from the previous application and OLS will bring back the information for the deceased.
- An authorization, which includes Letters Probate or Letters of Administration and a Local Registrar’s Certificate, Public Trustee’s Certificate or an Official Guardian’s Certificate, if required.
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