Section 124—distributions from a deceased estate

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Under section 124 of the Duties Act 2001, a transaction that gives effect to a distribution of the dutiable property of a deceased estate is exempt.

Begin at question 1

Question 1

Does the transaction give effect to a distribution of dutiable property, located in Queensland, in accordance with the terms of a will or by way of intestacy?

Question 2

Are all of the distributions in accordance with either the terms of the will or Schedule 2 of the Succession Act 1981?

  • Yes

    You have completed all relevant questions.

    Please print this page out for your records.

    Go to message 8

  • No

    Go to question 6

Question 3

Does the transaction give effect to a court order on the distribution of dutiable property, located in Queensland, made under Part 4 of the Succession Act 1981?

Question 4

Are all of the distributions in accordance with the terms of a court order made under Part 4 of the Succession Act 1981?

  • Yes

    You have completed all relevant questions.

    Please print this page out for your records.

    Go to message 10

  • No

    You have completed all relevant questions.

    Please print this page out for your records.

    Go to message 9

Question 5

Is the transaction a creation of a trust of dutiable property to the extent it gives effect to a distribution in accordance with an estate of a deceased person?

  • Yes

    You have completed all relevant questions.

    Please print this page out for your records.

    Go to message 11

  • No

    You have completed all relevant questions.

    Please print this page out for your records.

    Go to message 9

Question 6

Has an agreement on the appropriation of the deceased estate been made by the interested parties to the will or by the executor in intestacy?

  • Yes

    Go to question 7

  • No

    You have completed all relevant questions.

    Please print this page out for your records.

    Go to message 9

Question 7

Has the appropriation of the actual property of the estate of a deceased person in satisfaction of monetary legacy, or a share in the residue of the estate, taken place in accordance with Public Ruling DA124.1—Distribution of a deceased person—power to appropriate?

  • Yes

    You have completed all relevant questions.

    Please print this page out for your records.

    Go to message 8

  • No

    You have completed all relevant questions.

    Please print this page out for your records.

    Go to message 12

Message 8

Based on the information that you have provided, the transaction is exempt under section 124 of the Duties Act 2001.

For audit purposes you must keep a:

Your file reference: ____________________

Client name: __________________________

Transaction number:  ___________________

Name: _______________________________

Signature: ____________________________

Date: ____ /____ /______

 

Message 9

Based on the information you have provided, the transaction is not exempt under s.124 of the Duties Act 2001. 

Duty must be assessed on the unencumbered value of the property, and is payable at the rates outlined in the Duties Act.

Your file reference: ____________________

Client name: __________________________

Transaction number:  ___________________

Name: _______________________________

Signature: ____________________________

Date: ____ /____ /______

 

Message 10

Based on the information that you have provided, the transaction is exempt under section 124 of the Duties Act 2001.

For audit purposes you must keep a:

  • copy of the court order
  • Form 2.2—Dutiable transaction statement.

Your file reference: ____________________

Client name: __________________________

Transaction number:  ___________________

Name: _______________________________

Signature: ____________________________

Date: ____ /____ /______

 

Message 11

Based on the information that you have provided, the transaction is exempt under section 124 of the Duties Act 2001.

For audit purposes you must keep a:

Your file reference: ____________________

Client name: __________________________

Transaction number:  ___________________

Name: _______________________________

Signature: ____________________________

Date: ____ /____ /______

 

Message 12

Based on the information that you have provided, the transaction must be sent to our office to be assessed.

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Last reviewed 16 March 2012