84KRecording of legal personal representatives

84K Recording of legal personal representatives (1) A legal personal representative may lodge a document with the Registrar for the recording of the transmission to the legal personal representative of— (a) the ownership of a water share owned by a deceased person represented by the legal personal representative; or (b) the holding of a limited term transfer held by a deceased person represented by the legal personal representative; or (c) a deceased person's interest as a mortgagee of a water share, where the deceased person is represented by the legal personal representative. (2) A document under subsection (1) must be in the approved form. (3) On being satisfied as to the legal personal representative's authority to be recorded under this section, the Registrar may make a recording of— (a) the appointment of that legal personal representative; and (b) the date of death of the person represented by the legal personal representative. (4) On the making of a recording under this section in a case where subsection (1)(a) applies— (a) the legal personal representative becomes the owner of the water share in respect of the interest of the deceased owner of the water share; and (b) the legal personal representative holds the water share subject to all equities to which the deceased owner was subject in relation to the water share, but for the purpose of any dealing with the water share under this Act, is the owner of the water share; and (c) the status of the legal personal representative as owner of the water share relates back to, and is deemed to have arisen on, the death of the owner of the water share as if there has been no interval of time between the death and the recording. (5) On the making of a recording under this section in a case where subsection (1)(b) applies— (a) the legal personal representative becomes the holder of the limited term transfer in respect of the deceased holder of the limited term transfer; and (b) the status of the legal personal representative as holder of the limited term transfer relates back to, and is deemed to have arisen on, the death of the holder of the limited term transfer as if there has been no interval of time between the death and the recording. (6) On the making of a recording under this section in a case where subsection (1)(c) applies— (a) the legal personal representative becomes the mortgagee in respect of the deceased mortgagee; and (b) the status of the legal personal representative as mortgagee relates back to, and is deemed to have arisen on, the death of the deceased mortgagee as if there has been no interval of time between the death and the recording. S. 84L inserted by No. 99/2005 s. 57, amended by No. 85/2006 s. 51, substituted by No. 32/2010 s. 59.