Conveyance duty is not payable on a transfer of property to a beneficiary, executor or administrator of a deceased estate, where the transfer is made under and in conformity with the trusts contained in the Will of the deceased person, Probate Application, Letters of Administration or Codicil of the estate.
If you claim this concession or exemption, you’ll need to keep a record of documents identifying the transfer was made under and in conformity with the Will, Probate Application or Letters of Administration of the deceased person.
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 not in conformity with 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.
A Transmission Application should be completed for the portion of the property transferring in accordance with the will, with the applicable concession code. A subsequent Transfer instrument should be completed for the portion of the property transferring that is not in conformity with the Will and duty paid.
In certain circumstances, the ACT Revenue Office may require a Codicil and Deed of Family Arrangements to verify the transfer, (A Codicil amends, rather than replaces, a previously executed Will. Such amendments may add or revoke provisions of the Will.)