Introduction of Trust Details Form and changes to Transmission Applications

Introduction of Trust Details Form

From May 2018, Transfers which record a transferee as trustee will be able to be transacted through eConveyancing. To enable this to occur a new practice with regards to trustee documentation is being implemented – a certified copy of the trust deed will not be required and instead only details of the trust will be required.

For consistency in paper, in May 2018 the Titles Registry will introduce a new Trust Details Form (in a Form 20 – Schedule), which can be used as an alternative to lodging the full trust deed. The new form can be used when a Form 1 Transfer is lodged which records a Transferee as Trustee in Item 5.

Changes to Transmission Applications Forms 5 and 5A


In May 2018, a Transmission Application to a personal representative (equivalent to a Form 5) is being introduced in eConveyancing that will also permit an application by a personal representative under a grant (including a grant from a foreign jurisdiction that is eligible for re-seal in Queensland under the British Probates Act 1898).

For consistency in paper from May 2018, applications made by a personal representative supported by a grant from a foreign jurisdiction that is eligible for re-seal in Queensland under the British Probates Act 1898 will be made on a Form 5 instead of a Form 5A. Minor changes to the Form 5A will also be made consistent with the changes to the Form 5.

Grants of probate from the following foreign jurisdictions are currently eligible for re-seal in Queensland under the British Probates Act 1898 and British Probates Regulation 2008:

• Other Australian states and territories
• New Zealand
• The UK and Northern Ireland

For ease of reference, the Titles Registry will refer to these grants as Queensland recognised grants.

Currently, an application made by a personal representative supported by a Queensland recognised grant that has not been re-sealed in Queensland is made using a Form 5A supported by a declaration in relation to a court file search. However, from May 2018 this type of application will be made on a Form 5.

Additional information

A more detailed explanation and examples of the Trust Details form, new Form 5 (version 7) and new Form 5A (version 8) are contained in a Changes Summary Document available on the Titles Registry Forms page (www.business.qld.gov.au/industries/building-property-development/titles-property-surveying/titles-property/titles-registry-forms).

There will be a transitional period until 30 September 2018 when Version 6 of the Form 5 and Version 7 of the Form 5A can still be used.

Further Titles Registry Alerts will be sent out and the Land Title Practice Manual updated closer to the implementation date in May 2018.