Exemption - deceased estates
Background
The matter concerned whether or not s42 of the Duties Act applied to exempt the transfer of a property from a deceased estate. By a Deed of Family Arrangement, the taxpayer became entitled to his father’s estate on paying $40,000 to his mother.
Decision
On 6 May 2020, the Tribunal decided in favour of the Commissioner that, in the absence of any court order, a transfer of a property from a deceased estate to a person who was not entitled to the estate under the laws of intestacy cannot satisfy the requirements of the exemption in s42 of the Duties Act.
