12 May 2017

Another case of mistaken identity

Sale, Purchase, Mortgage, Lease
Victoria

Asked

We act for an executor of an estate who will transfer real estate to beneficiaries. We have done a VOI on the executor. Are we obliged to do a VOI on the beneficiaries as transferees, despite the fact we are not strictly acting for them?

Answered

Thanks for the question.

A practitioner is required only to verify the identity of their client. However, all parties to a conveyancing transaction must have their identity verified.

If a party is not represented, verification of identity needs to be undertaken by Australia Post – the Approved Identity Verifier. In addition, Australia Post will witness the non-represented party signing any conveyancing documents. For further information, refer to 'Guide to verification of identity for people not using a conveyancer or lawyer' available at https://www.propertyandlandtitles.vic.gov.au/forms-guides-and-fees/overview.

Regards

Mentor