Memorial Form Easy Guide

Short Description:

It is the date on which the parties executed the instrument or the date of the original issue of the instrument.

Quick Tips:

The date can normally be found on the first page of the instrument.
Remember to counter-check the year (sometimes the current year is not the year of the execution of the instrument in particular at the beginning of a year).
The date cannot be later than the date of certification of memorial and date of registration.
The date cannot be a date later than the date of stamping if the instrument is stamped.
Lodging parties are encouraged to present the date in numerical form of Day-Month-Year in the memorial for clarity and ease of use.

FAQ:

Q1: How to complete the Date of Instrument box for Amended Court Order/Writ of Summons?

A: For cases where the original date remains unchanged, you should state "(original date of order) as amended on (date of amendment)" in the Date of Instrument box. For cases where the original date is amended, please refer to Q3.

Q2: For Amended Court Orders/Writ of Summons, there are two dates relating to the amendment, which date should I use?

A: Either date is acceptable.

Q3: If the original date is crossed out in an Amended Court Order/Writ of Summons or other Lis Pendens and a new date is stated next to it, which date should I use?

A: The new date of amendment should be taken as the date of instrument and be entered in the Date of Instrument box. However, if the new date of amendment is later than the date of registration, the instrument has to be withdrawn and re-lodge for registration under a fresh memorial no.

Q4: For Sealed Copy Orders, there are two dates in the Order (i) the date on which the order was issued (ii) the date on which it was certified by the Registrar on Page 1 of the instrument Which date should I use?

A: The date on which the Order was issued should be entered in the Date of Instrument box.

Q5: For Certified Copy of Death Certificate, there are three dates in the instrument (i) the date on which the death certificate was registered against the register in the Births and Deaths Registry (ii) the date that the death certificate was certified (iii) the date of death Which date should I use?

A: The date of certification i.e. (ii) above, should be entered into the Date of Instrument box (as the certified death certificate would not come into existence until it was certified by the issuing authority).

Q6: Apart from Certified Copy of Death Certificate (see Q5 above),which date should I use for other certified instrument?

A: The date on which the original of the instrument was issued/executed.

Q7: For re-executed instruments, which date should I use?

A: The date on which the instrument was re-executed.

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Memorial Form Easy Guide

Date of Instrument

Short Description:

Quick Tips:

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