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STAMP DUTIES ACT 1923 - SECT 71AA

STAMP DUTIES ACT 1923 - SECT 71AA

71AA—Instruments disclaiming etc an interest in the estate of a deceased person

        (1)         This section applies to an instrument under which a person who is, or may be, entitled to share in the distribution of the estate of a deceased person—

            (a)         disclaims an interest in the estate; or

            (b)         assigns or transfers an interest in the estate to another.

        (2)         An instrument to which this section applies is taken to be a conveyance of property operating as a voluntary disposition inter vivos (whether or not consideration is given for the transaction).

        (3)         For the purpose of calculating ad valorem duty payable on an instrument to which this section applies, the value of the interest subject to the conveyance is to be determined as if the estate had been distributed and the interest were an interest in possession.