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DUTIES ACT 1997 - SECT 63

Deceased estates

63 Deceased estates

(1) Duty of $50 is chargeable in respect of--
(a) a transfer of dutiable property by the legal personal representative of a deceased person to a beneficiary, being--
(i) a transfer made under and in conformity with the trusts contained in the will of the deceased person or arising on an intestacy, or
(ii) a transfer of property the subject of a trust for sale contained in the will of the deceased person, or
(iii) an appropriation of the property of the deceased person (as referred to in section 46 of the Trustee Act 1925 ) in or towards satisfaction of the beneficiary's entitlement under the trusts contained in the will of the deceased person or arising on intestacy, and
(c) a transmission application by a devisee who is also the sole legal personal representative, and
(d) a declaration by an executor of a will under section 11 of the Trustee Act 1925 if the Chief Commissioner is satisfied that the declaration is consistent with the entitlements of beneficiaries under the trusts contained in the will.
(2) If a transfer of dutiable property is made by a legal personal representative of a deceased person to a beneficiary under an agreement (whether or not in writing) between the beneficiary and one or more other beneficiaries to vary the trusts contained in a will of the deceased person or arising on intestacy, the dutiable value of the dutiable property is to be reduced by the portion of the dutiable value that is referable to the dutiable property to which the beneficiary had an entitlement arising under the trusts contained in the will or arising on intestacy.
(2A) A transmission application made by a beneficiary under a will, with the consent of the legal personal representative of a deceased person, is taken, for the purposes of this section, to be a transfer of dutiable property by the legal personal representative to the beneficiary.
(3) Section 25 does not apply to a dutiable transaction to which subsection (2) applies.
(4) If the duty chargeable in respect of a transfer or transmission application referred to in subsection (1) would, but for that subsection, be less than $50, the duty chargeable is that lesser amount.
(5) This section is subject to section 273, which provides for a minimum duty of $10.



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