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Land Transfer Tax

Frequently Asked Questions about Wills and Estates

What is required in an affidavit when the transferee is the sole beneficiary of an estate? What about when the transferee is not the sole beneficiary?

Transferee Sole Beneficiary

The affidavit must set out that the transfer is from the estate to the only beneficiary entitled to the land under the terms of the will.

No Will

The affidavit must set out that the transferee is the only beneficiary entitled to the land under the laws of succession or intestacy.

Transferee Not the Beneficiary

The affidavit must set out the value of any consideration paid for the transfer.

More Than One Beneficiary

In any agreement where one of the beneficiaries takes the land in lieu of other assets in the estate, tax is payable on the value of the assets surrendered to the other beneficiaries plus any other consideration given.

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