(1) In this section
—
distribution means a distribution under a will or
on an intestacy.
(2) Nominal duty is
chargeable on the following dutiable transactions —
(a) a
transfer, or agreement for the transfer, of dutiable property to the extent
that —
(i)
the transfer gives effect to a distribution in the estate
of a deceased person; and
(ii)
there is no consideration for the agreement or transfer;
(b) a
declaration of trust over dutiable property to the extent that it gives effect
to a distribution in the estate of a deceased person;
(c) a
vesting of dutiable property by, or as a consequence of, a court order made
—
(i)
under the Family Provision Act 1972 ; or
(ii)
under the Trustees Act 1962 section 65 on an application
under the Family Provision Act 1972 ;
(d) a
partnership acquisition, to the extent that —
(i)
the partnership acquisition gives effect to a
distribution in the estate of a deceased person; and
(ii)
there is no consideration for the partnership
acquisition.
[Section 139 amended: No. 48 of 2011 s. 15; No. 12
of 2019 s. 47.]