Series S423 - INDEX TO WILLS - DEEDS REGISTRY

Identity area

Reference code

AU WA S423

Title

INDEX TO WILLS - DEEDS REGISTRY

Date(s)

  • 1832-01-01 - (Creation)

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Name of creator

AU WA A234 - REGISTRAR OF DEEDS, CONVENYANCES AND OTHER INSTRUMENTS (1832-01-01 - 1876-01-01)

Administrative history

Pursuant to 2 William IV No. 6. a registrar was appointed and a "public office" established "for the registration of Deeds Conveyances and other Instruments, Wills and Judgements". Registration was effected by lodging with the Registrar of Deeds a memorial of the document to be registered. The 1832 Legislation (2 William Acts 6 & 7) were repealed and replaced by the Registration of Deeds Act 1856. (29 Vic., No. 14). This Act which is still extant provided that all registered documents should have priority according to the date of registration. In recent times the conveyancing provisions of this Act have been amended by the Property Law Act 1969.

In 1876, upon the establishment of the Office of Titles the Deeds system of land conveyancing was superseded by the Torrens system of land registration. The 1856 legislation still applied to dealings in land granted by the Crown before the new system came into operation. The Office of Registrar of Deeds still exists within the present day Office of Titles.

Name of creator

AU WA A235 - OFFICE OF TITLES (1876-01-01 - 1984-11-01)

Administrative history

This agency was established in 1876 pursuant to the Transfer of Land Act 1874 (38 Vic. No. 13). The Act provided for the appointment of a Commissioner of Titles "for superintending the department hereby established" and other officers, to implement the Torrens system of land registration as well as continue to administer the Deed system (which covered land conveyed by memorials). The "old" system of conveyancing was consolidated in the Registration of Deeds Act 1856 19 Vic., No. 14, and updated by the Property Law Act, 1969.

The first Commissioner of Titles, C.H. James, was appointed in 1876. Until the mid 1980's the Land Titles Office, now known as the Office of Titles, was a sub department of the Crown Law Department. Since November 1984 its controlling agency has been the Department of Lands and Surveys (now known as the Department of Land Administration).

Archival history

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Scope and content

Memorials of Wills were used prior to the introduction of grant of probate (following the Supreme Court Ordinance 1861) to facilitate the transfer of land from the testator to his\\her heirs. The file of the recipient of the land came from the will alone. The original index is still considered to be a current record by the Office of Titles as on rare occasions memorials of wills are registered at the Deeds Registry.

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Alphabetical

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Archivist's note

Range Control Symbol = 1
Copies: Microfilm copy only is available at the State Records Office of Western Australia

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