Family Transfers & Deceased Estates

Not all property transactions involve buying or selling on the open market. Sometimes, you simply need to change the name on the title. We specialise in Related Party Transfers, ensuring legal ownership is updated correctly with Land Services SA.

Family & Matrimonial Transfers

We assist with property transfers between family members for a range of personal and legal reasons, including marriage, separation, asset protection and “love and affection” arrangements.

Spousal Transfers

Adding a husband, wife, or de facto partner to the title, or transferring ownership between partners for asset-planning purposes?
These transfers are often exempt from stamp duty where the property is the principal place of residence and a section 71CB exemption applies.

Matrimonial Separations

Transferring the family home pursuant to Court Orders or a Binding Financial Agreement?
We can assist with arranging stamp duty exemptions, which commonly apply where Court Orders are in place and a section 71CA exemption is available.

Family Gifts & Trust Transfers

Transferring property to children or into a Family Trust?
Stamp duty is generally assessed on the higher of the property’s capital value or market value, not the gift amount. We provide clear advice on duty implications before proceeding.

Deceased Estate Conveyancing

Dealing with property after the loss of a loved one can be overwhelming. We handle estate matters with care, clarity, and compassion.

For jointly owned property, we assist the surviving joint tenant to lodge an Application to Note Death, transferring the deceased’s interest to the surviving owner.

For estates governed by a Will, we work with Executors to:

• Lodge a Transmission Application to register the Executor on title; and
• Complete the subsequent transfer pursuant to a sale and distribute funds to beneficiaries, or;
• Complete the subsequent transfer directly to the beneficiaries.

We coordinate closely with your solicitor to ensure the estate is finalised smoothly and in accordance with the Will.

FAQs – Title Transfers & Estates

Is stamp duty payable on family transfers?

It depends on the relationship between the parties and the type of property. Transfers between spouses or domestic partners of a shared family home (principal place of residence) are often exempt from stamp duty. Transfers of investment properties or gifts attract stamp duty based on the current capital or market value.

What is a Transmission Application?

When a property owner passes away and held the property as a sole proprietor or as a tenant in common (with a defined share), a Transmission Application must be lodged with Land Services SA to register the Executor or Administrator on the title before the property can be transferred in accordance with the Will.

What is an Application to Note Death?

An Application to Note Death is a formal lodgement with Land Services SA to record the death of a registered proprietor. It applies where the property was held as a joint tenancy, allowing the deceased’s interest to vest automatically in the surviving joint tenant.

How long does a title transfer take?

Once documents are signed and verification of identity (VOI) is completed, most transfers can be registered within days via PEXA. Where a bank is involved (such as a discharge or refinance), timeframes may vary depending on lender processing.

Need to update a title? Get clear advice on the process and costs