You can self-assess the transfer, or agreement to transfer, dutiable property from the executor of a deceased estate to a beneficiary who is entitled to the property under the terms of the will for no consideration. You cannot self-assess the transaction if it is:
- not in accordance with the terms of the will
- claimed under laws of intestacy
- a transfer of property that is the subject of a sale set out in the will
- an appropriation of the deceased’s property in satisfaction of a beneficiary’s entitlement
- involving a variation to the will including by way of a deed of family arrangement or
- related to life interests or remainder interests.
Retain the following records when self-assessing a transaction:
- the Grant of Probate with will annexed
- the statement of assets and liabilities submitted when the request for the grant of probate was made
- a Foreign transfer duty declaration for each transferee
- the agreement and/or transfer of land and
- the self-assessment checklist accessible below.
Use this checklist to see if the transaction can be self-assessed.
- The answers provided by your client must be used when entering the transaction details into Online Duties.
- Please retain a copy of the checklist for auditing purposes.
Examples
Show moreWhere the transfer of the property does and doesn't reflect the shares stated in the will.
Transfer of the property reflects the shares stated in the will (eligible for self-assessment)
- The will provides a specific property is to be transferred to Tom and Michelle in equal shares. The transfer is to Tom and Michelle as joint tenants.
- The will provides the whole estate is to be distributed equally between Luke, Bianca and Danielle. The estate includes three properties. The transfers of all three properties are to Luke, Bianca and Danielle as tenants in common in equal shares.
- The will provides that after the specific gift of property, the residue of the estate is to be divided equally between Faye and Mark. The residue estate includes two properties. The two properties are transferred to Faye and Mark as tenants in common in equal shares.
Properties are not transferred in the same shares (not eligible for self-assessment)
- The will provides a specific property is to be transferred to Tom and Michelle in equal shares. The transfer is to Tom as to 60 undivided shares and Michelle as to 40 undivided shares as tenants in common.
- The will provides the whole estate is to be distributed equally between Luke, Bianca and Danielle. The estate includes three properties of equal value. Property 1 and 2 are transferred to Luke and Bianca as tenants in common in equal shares, and Property 3 is transferred to Danielle.
- The will provides that after the specific gift of property, the residue of the estate is to be divided between Faye and Mark. The residue estate includes two properties of equal value. Property 1 is transferred to Faye and Property 2 is transferred to Mark.
Consideration given (not eligible for self-assessment)
- The will provides for the disposition of a specified property to Tom, subject to Tom making a payment to the estate of the sum equal to the value of the property. Tom accepts the property and makes payment.
- The will provides the whole estate is to be distributed equally between Luke, Bianca and Danielle. The estate includes a property worth $800,000 that has a mortgage liability of $400,000. The property is transferred to Luke, Bianca and Danielle in equal shares who all assume the mortgage liability of the property.
Intestate (not eligible for self-assessment)
- Mark dies without a will (intestate). Distribution of his deceased estate will be made in accordance with the provisions of the Administration Act. His wife Faye is entitled to all the household chattels and a sum of money (plus interest on that amount). The administrator of Mark’s intestate estate transfers the family home to Faye under the power of appropriation empowered to the administrator of Mark’s estate under the Trustees Act.
How to self-assess the transaction
Show moreStep 1 – Self-assess the deceased estate transaction
After confirming the transaction is eligible for self-assessment, lodge it using the Deceased Estate transaction type under the Agreement to Transfer of Dutiable Property or Transfer of Dutiable Property. Provide the following information:
- land details (multiple properties can be included if transferred between the same parties)
- transferors (individual, Company or Government), the ‘acting in capacity’ must be the same as on the agreement
- transferees (individual, Company, Government, Association or Co-operative, including foreign) as per the agreement
This transaction will be assessed with nominal duty.
Step 2 – Generate and print the Certificate of Duty
Step 3 – Settle the transaction
Only deceased estate transactions with an agreement in place can be settled via eConveyancing. If an agreement is not in place, the transaction will need to be settled using a paper transfer registered with Landgate.
To add a substitute transferee or a sub-sale, the transaction must be transferred to RevenueWA.
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