Transfer by court order or deceased estate (vessels)

You may be required to apply to the Supreme Court to obtain a Grant of Probate or Letters of Administration. When granted, the applicable reference number must be provided prior to the transfer of a vessel.

  Transfer of vessel by Court Order

A vessel can transferred to a new owner because of a judgement by a Court.

  • The Court Order needs to specify the vessel.
  • Both parties must complete the 'Boat transfer form: Notification of change of ownership'.
  • The purchaser must present the completed form, with the court order and Proof of identity (POI), at a Department of Transport office.
  • Alternatively, a certified copy of the Court order may be posted, along with the completed transfer form.
MAC-F-RBBoatTransfer.pdf icon Boat transfer form: Notification of change of ownership Kb

  Vessels: Deceased estate

To progress the transfer of a vessel from a deceased estate a Grant of Probate or Letter of Administration is required.

When granted the application reference number must be provided prior to the transfer of a vessel.

  Transfer of vessel: Deceased estate

Grant of Probate

Probate is the process of proving and registering in the Supreme Court the last Will of the deceased. To obtain a Grant of Probate, the executor named in the Will must make application to the Probate Office of the Supreme Court.

If the application is approved, the executor is given a Grant of Probate, which authorises the executor to administer the estate of the deceased according to the terms of the Will.

Documents required:

  • Boat Transfer form (signed by Executor or Administrator of the estate).
  • Deceased Estate - Statutory Declaration: Probate form.
MAC-F-RBBoatTransfer.pdf icon Boat transfer form: Notification of change of ownership Kb
MAC-F-DeceasedEstateProbate.pdf icon Statutory declaration: Deceased estate - Probate (Form) Kb

  Transfer of vessel - Intestate

Definition

Intestacy is where a person dies:

  • Without leaving a Will, or
  • Leaving a Will which, for some reason, does not deal with all their property (estate).

The Administration Act 1903 contains the legislative provisions for Probate, Administration and the duties on the estates of deceased persons in the above circumstances.

Letters of Administration

If a deceased person does not have a Will (dies intestate), validation of their estate and benefactors is not done with a grant of Probate. Instead, it is done with a similar document known as 'Letters of Administration'.

In these circumstances, the Probate Registry refers to the Administration Act 1903 to assess applications. 'Letters of Administration' are also applied for at the Supreme Court.

Documents required:

  • Boat Transfer form (signed by Executor or Administrator of the estate).
  • Deceased Estate - Statutory Declaration: Probate form.
MAC-F-RBBoatTransfer.pdf icon Boat transfer form: Notification of change of ownership Kb
MAC-F-DeceasedEstateProbate.pdf icon Statutory declaration: Deceased estate - Probate (Form) Kb

Transfer to Next of Kin/De facto Partner: Intestate

Documents required:

  • Boat Transfer form (signed by Next of Kin or De facto Partner).
  • Deceased Estate - Statutory Declaration: Intestate form.

Transfer to other than Next of Kin/De facto Partner: Intestate

If a vessel registration holder dies intestate and the Next of Kin/De facto Partner wants to sell the vessel, the person who acquires the vessel must present the following forms.

Documents required:

  • Boat Transfer form.
  • Deceased Estate - Statutory Declaration: Intestate form.

Both forms must be completed by the Next of Kin/De facto Partner.

The Next of Kin/De facto Partner must record the seller's details as 'Estate of (insert full name)' on the Boat Transfer Form and endorse 'Next of Kin' or 'De Facto Partner' above their signature in the seller's signature box.

The person who acquires the vessel must pay the transfer fee (Part VA - Navigable Waters Regulations 1958).

MAC-F-RBBoatTransfer.pdf icon Boat transfer form: Notification of change of ownership Kb
MAC-F-DeceasedEstateIntestate.pdf icon Statutory declaration: Deceased estate - Intestate (Form) Kb

 

Page last updated: Thu Jan 31 2019 8:12:13 AM