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.
For transfers in full conformity with a will or probate, a Transmission Application should be completed with the applicable concession code. If you are transferring property in any manner that is not in full conformity, but you believe to be in partial conformity with a will or probate, please complete the relevant forms in accordance with the requirements of the Land Titles Office for your circumstances and then enter the stamp duty code for “transfers in partial conformity with a will”. You may then be contacted by the ACT Revenue Office to provide further information to enable the assessment of duty, if any.
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.)