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Here’s one for the Lawyers.
One of our Proprietors passed, and in April 2013 the Owners Corporation received a copy of the Grant of Probate and a S118 Notification indicating that the Executrix (her sister) now had the “interest in the property” and that the nature of that interest was consequent to “a change of ownership”.
However a Title Search on the L&PI Website reveals that Ownership of the Lot is still with our deceased Proprietor!
My problem is twofold:
1) I’ve updated the Strata Roll to reflect the information provided in the S118 Notification, where that’s inconsistent with what’s shown on the Certificate of Title for the Lot, and;
2) I’ve just receive that “owner’s” proxy in my favour for next week’s AGM, but I’m not sure that she’s the legal owner who would be able to grant that proxy.
My questions are:
1) Is there a time limit for the lodgement of an Application for Transfer (of title) after the death of a Proprietor?
2) At the current time, the Registered Proprietor as shown on the Certificate of Title for the Lot is deceased, so is the Executrix as shown on the S118 Notification entitled to vote at all, and if so, is that person themselves the proxy for the estate and therefore unable to assign that right to a third-party (i.e. me)?
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