Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If an individual beneficially owns * shares in a company when he or she dies, this section applies if and while the shares:
(a) are owned by the trustee of the deceased's estate; or
(b) are beneficially owned by someone who receives them as a beneficiary of the deceased's estate.
(2) For the purposes of a test:
(a) the * shares are taken to continue to be beneficially owned by the deceased; and
(b) as a result of being taken to continue to beneficially own the shares, the deceased is taken to continue:
(i) to have any rights to exercise, or to be able to control (whether directly, or indirectly through one or more interposed entities), any of the voting power in the company; and
(ii) to have any rights to receive for the deceased's own benefit (whether directly or * indirectly) any * dividends that the company may pay; and
(iii) to have any rights to receive for the deceased's own
benefit (whether directly or indirectly) any distributions of capital of the
company.