Transfer of an estate in remainder .
An instrument where the rights or interest of any person under a Will or Intestacy, where the estate of the deceased person includes land, are surrendered, disclaimed, transferred, assigned or agreed to be
surrendered, disclaimed, transferred or assigned, will be chargeable as a transfer of land in respect of that right or interest.
Duty is payable on the value of the land and goods acquired.
- A copy of the grant of probate sealed by the Supreme Court with copy of the will attached, or
- A certified copy of the will together with a statement by the executor or solicitor for the estate stating the date of death of the deceased, or a certified copy of the death certificate,
- If there was no will, a copy of the letters of administration, and the affidavit lodged with the Supreme Court when letters of administration were obtained,
- In the case of an assignment involving the interest of a life tenant, the date of birth and the gender of the life tenant.(See also Revenue Ruling DA.028), and
- Evidence of the value of all the properties under the trust as at the date of the transfer, by one of the following:
- a letter of appraisal from a licensed real estate agent and a copy of the relevant rates notice, or
- a valuation by a certified practicing valuer who is a member of the API or from a member of the Real Estate Institute of Victoria with sworn valuer accreditation,
- The inventory of the assets and liabilities, itemising each property and their respective value and the existence of any encumbrance over property,
- The distribution statement prepared by the executor or administrator,
- Any deed of family arrangement made between the parties,
- Any deed of settlement made between the parties,
- Any deed of disclaimer by a beneficiary,
- Any deed of surrender by the life tenant and the remainder tenant.