Deceased estate transfers

Conveyance duty is not imposed on the transfer of dutiable property in the ACT that is transferred to a beneficiary, executor or administrator of a deceased estate, where the transfer is made under and inconformity with the trusts contained in the Will of the deceased person, Probate Application, Letters of Administration or Codicil of the estate.

If the property is only partly in conformity with a trust contained in the Will, then duty will be payable on the portion of the property that is transferring that wasn’t contained in the Will.  For example if someone is entitled to 50% of the property under the Will but wants to purchase the whole property, they will pay duty on the 50% that was not contained within the trust of the Will.

An application for exemption must include documents identifying the transfer is made under and in conformity with the Will, Probate Application or Letters of Administration of the deceased person.

In certain circumstances, a Codicil (A Codicil amends, rather than replace, a previously executed will.  Such amendments may add or revoke provisions of the Will) and deed of family arrangements may also be required to establish this transfer.

Reference Material

Information on the deceased estates exemption can be located using the information below:

Has a transmission application or agreement to transfer dutiable property in the ACT that forms part of a deceased estate, been entered into?