104ZDDeceased estates where trusts under will are varied

#### 104ZD Deceased estates where trusts under will are varied 104ZD Deceased estates where trusts under will are varied (cf section 63 (2) and (2A)) > > (1) This section applies if a transfer of residential-related property is made by a legal personal representative of a deceased person to a foreign beneficiary under an agreement (whether or not in writing) between the foreign beneficiary and one or more other beneficiaries to vary the trusts contained in a will of the deceased person or arising on intestacy. > > > (2) For the purposes of calculating surcharge purchaser duty on the transfer, the dutiable value of the residential-related property is to be reduced by the portion of the dutiable value that is referable to the residential-related property to which the foreign beneficiary had an entitlement arising under the trusts contained in the will or arising on intestacy. > > > (3) A transmission application made in respect of residential-related property by a beneficiary under a will, with the consent of the legal personal representative of a deceased person, is taken, for the purposes of this section, to be a transfer of residential-related property by the legal personal representative to the beneficiary. > > > (4) In this section— > > > > foreign beneficiary means a beneficiary who is a foreign person. > > **ch 2A, pt 2 (ss 104Z–104ZD):** Ins 2016 No 32, Sch 1 \[14\].