Deceased estate

Discussion in 'Wills & Estate Planning' started by wayne, 11th May, 2017.

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  1. wayne

    wayne Well-Known Member

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    Deceased estate title transfer to more than one executor:

    - If one executor intends to retain the property will the transfer into one name be deemed a sale and trigger stamp duty.
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    no. Usually no duty with transfer from deceased to executor and from executor to beneficiary. In this case hte executor would be the beneficiary.
     
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  3. hobo

    hobo Well-Known Member

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    What if there are multiple (say, 3) executors, all equal beneficiaries, and one wants to retain a jointly-inherited property. Would buying out the other 2/3 trigger stamp duty on the 66%?

    I am asssuming so.
     
  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Yes

    but there are ways around it.
     
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  5. hobo

    hobo Well-Known Member

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    Are those "ways", things that need to be in place prior to death, or are they different ways the executors can deal with the estate?
     
  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    After death - one beneficiary could disclaim the gift for example. But careful legal advice is needed.
     
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  7. Bonz

    Bonz Well-Known Member

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    Agreed, you might be able to negate the stamp duty through a deed of family arrangement, or similar, but I would strongly suggest getting legal advice on the matter.
     
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  8. hobo

    hobo Well-Known Member

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    Yep, would definitely get advice. This is a purely academic question. Thank you both.
     
  9. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    And don't forget the tax side.
     
  10. Scott No Mates

    Scott No Mates Well-Known Member

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    Did someone introduce death duties in the last budget and we all missed it? or do you mean for CGt purposes?
     
  11. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    CGT