A Special Condition Record of Death clause should be used when a property has more than one registered owner with the titles office as Joint Tenants and one party has passed away but remains on the title at the time a contract of sale is executed.
Joint Tenants
The Survivability Principal inherent in Joint Tenancy means if one of the Joint Tenants passes away then their share in that the property is automatically inherited by the surviving Tenant. You can learn more about this process at the Qld Titles Office.
Joint Tenancies are most often found when the property belongs to those in a domestic relationship.
Tenants in Common
If the owners are registered as Tenants in Common the process is different so we advise you to contact our office as soon as possible so we can advise you on the best way to proceed.
This clause should be used in conjunction with legal advice pertinent to your situation so if you have any questions regarding your particular circumstances you can contact us here.
Subject to Record of Death
(a) The Buyer and Seller acknowledge that the Seller is currently registered on title under joint tenancy and is the sole surviving joint tenant.
(b) This Contract is subject to a Request to Record Death being lodged and registered with the Queensland Land Titles Office by the Seller at their own cost and the Seller becoming the Sole Registered Owner of the Property.
(c) The Seller must provide written notice to the Buyer or their solicitor by 5PM ____ days after the Contract Date (the Due Date) that the Seller is now the Sole Registered Owner of the Property. A copy of a Title Search or Registration Confirmation Statement from the Queensland Land Titles Registry must be included.
(d) In the event the Buyer or their solicitor has not received the above notice that the Seller has been registered as the Sole Registered Owner by the Due Date, the Buyer may give notice that this Contract is terminated, and the matter is at an end with any Deposit paid to be refunded to the Buyer in full.
(e) The Seller agrees that they will take all reasonable steps and pay all fees and costs required to effect registration of the instrument making them the Sole Registered Owner of the Property.
