Deceased Estates Transfer | RG Settlements

Specialised Deceased Estate & Property Transfer Services

We offer end-to-end settlement support for deceased estates and property transfers, combining our legal expertise with compassionate, respectful guidance during emotionally challenging times.

Deceased Estate Settlements

We specialise in the transfer of property from a deceased estate, ensuring the process is managed with care and legal accuracy:

Acting under a Grant of Probate or Letters of Administration
Liaising with executors, legal representatives, and beneficiaries
Preparing and lodging all required Landgate documentation
Managing financial adjustments and disbursement of funds

Family & Related Party Transfers

We assist with property transfers between family members or related parties, providing guidance on legal and financial implications:

Transfers between spouses or de facto partners
Family transfers following separation or divorce
Adding or removing parties from property titles
Advising on stamp duty exemptions and concessions

Legal Documentation & Compliance

We handle all legal requirements to ensure the transfer proceeds smoothly and in compliance with WA property law:

Preparation of Transfer of Land documents
Verification of death certificates and probate documents
Preparation of required statutory declarations
Ensuring all documentation meets Landgate and legal standards

Mortgage & Financial Coordination

We manage all financial components of the transfer to ensure accuracy and timeliness:

Coordination with banks and financial institutions
Management of mortgage discharges or title transfers
Calculation of rates and outgoings adjustments
Handling of fund disbursements at or post-settlement

Government Liaison

We liaise directly with all relevant authorities to ensure obligations are met and records updated:

Landgate for lodgment and title registration
Office of State Revenue for stamp duty assessments
Water Corporation and local councils for ownership updates
Strata management notifications (if applicable)

Compassionate Support & Guidance

We provide respectful, patient service at a time that often involves grief and stress:

Clear communication in plain language
Step-by-step guidance through complex legal processes
Flexible meeting options to suit your needs
Sensitive handling of personal and family matters

Supporting Our Arab and Muslim Community

At RG Settlements Perth, we understand the importance of cultural and religious considerations in property transfers involving Arab and Muslim families, particularly in the context of deceased estates.

Arabic-Speaking Support

Clear communication in your preferred language

Islamic Principles

Sensitivity to Islamic inheritance principles and family structures

Sharia-Compliant

Respectful handling of matters involving Sharia-compliant estate distribution

Flexible Service

Flexible and discreet service tailored to cultural preferences

The Property Transfer Process

Understanding the process can help you navigate a deceased estate settlement with confidence and clarity. At RG Settlements Perth, we combine legal expertise with compassionate support to guide you through every stage.

Your Step-by-Step Guide to Deceased Estate Settlements

1

Initial Consultation

Timeline: As soon as you're ready after the passing

We begin with a compassionate, obligation-free consultation to understand your circumstances and explain the property transfer process. We’ll outline the steps involved, the documents required, and how we’ll support you throughout.

2

Document Collection & Verification of Identity (VOI)

Timeline: 1-2 weeks after initial consultation

We assist you in gathering all necessary documents, which typically include: Death certificate Grant of Probate or Letters of Administration The will (if applicable) Certificate of Title Identification documents for all relevant parties We also arrange your Verification of Identity (VOI) in line with Landgate requirements, which is legally required before any transfer documents can be lodged.

3

Title Search & Ownership Verification

Timeline: Within 1 week of receiving documents

We conduct a detailed Landgate title search to verify ownership, check for mortgages, caveats, encumbrances, or restrictions, and confirm the legal status of the property. This ensures all potential issues are identified and addressed early.

4

Probate/Administration Confirmation

Timeline: Dependent on court processing (typically 2-6 months)

If a Grant of Probate or Letters of Administration is required, we guide you through the process or liaise directly with your legal representative. Once granted, we verify the court documents and proceed with the transfer. If you’re selling a property and it’s valued at over $750,000, we will also apply for an ATO Clearance Certificate to avoid 12.5% of the sale proceeds being withheld.

5

Financial & Duty Assessment

Timeline: 1–2 weeks after probate confirmation

We assess all financial aspects of the property, including: Outstanding council and water rates Land tax (if applicable) Any mortgage liabilities Eligibility for stamp duty exemptions or concessions under the Duties Act 2008 (e.g. transfers to beneficiaries under a valid will) This provides a clear picture of the financial implications of the transfer.

6

Preparation of Legal Documents

Timeline: 1-2 weeks after financial assessment

We prepare all necessary legal documents, including: Transmission Application or Transfer of Land Statutory declarations Supporting affidavits or consents, if required We arrange for signing by the executor, administrator, and/or beneficiaries, ensuring compliance with Landgate and legal requirements.

7

Mortgage Discharge (if applicable)

Timeline: 2–4 weeks depending on lender

If the property has a mortgage, we liaise with your financial institution to coordinate the discharge. We manage document preparation, request payout figures, and ensure the mortgage is removed from the title before or at settlement.

8

Lodgment of Documents

Timeline: 1 day for submission; 1–4 weeks for Landgate processing

We lodge all required documents with Landgate and monitor the progress. This includes: Transfer or transmission documents Discharge of mortgage (if required) Any supporting declarations or consents We also ensure correct lodgment with the Office of State Revenue if duty is payable.

9

Financial Adjustments & Settlement

Timeline: Concurrent with lodgment or at property sale settlement

We calculate any financial adjustments (e.g. rates, levies, taxes) and manage the disbursement of funds as instructed by the executor or administrator. For property sales, this includes coordinating with agents, banks, and beneficiaries.

10

Completion & Notification

Timeline: 1-2 weeks after Landgate processing

Once the transfer is registered, we provide: A confirmation letter and updated title details A comprehensive settlement statement Notification to relevant authorities (e.g. council, Water Corporation, Land Tax Office, strata management) Guidance on next steps (e.g. updating insurance, utilities, or future estate planning considerations)

Cultural & Religious Considerations

We recognise that for many Muslim families, property and inheritance matters are not only legal and financial — they are also deeply personal and guided by faith-based principles.

Arabic-speaking support to ensure clear communication and comfort during sensitive discussions

Familiarity with Islamic inheritance principles (faraid) and how they intersect with Australian law

Guidance on options to structure transfers in ways that respect Sharia-compliant distribution, where possible

Sensitivity when working with multiple heirs, especially where male and female shares differ under Islamic law

Assistance with documenting non-financial wishes of the deceased (e.g. burial location, charitable donations/Waqf intentions), where they may impact property

Awareness that some families may wish to avoid interest-based loans, and sensitivity in liaising with Islamic finance institutions if refinancing or selling is involved

Flexible, discreet meeting arrangements with respect for privacy, modesty, and family protocols

While WA law governs the legal process of property transfer, we aim to facilitate outcomes that are not only legally correct but also respectful of your religious and cultural values. We're happy to liaise with your Imam, Islamic legal adviser, or community representative if needed.

Required Documentation

Understanding the necessary documentation in advance helps ensure a smoother and more efficient transfer process.

Deceased Estate Transfers

Death Certificate

Original or certified copy issued by the Registry of Births, Deaths and Marriages
Will (if applicable)

Original or certified copy of the last valid will and testament
Grant of Probate or Letters of Administration

Original court-sealed copy issued by the Supreme Court of Western Australia
Certificate of Title

Required only if a paper title still exists. Most titles in WA are now electronic—we can conduct a title search through Landgate to confirm status.
Identification Documents (VOI)

Landgate-compliant ID for all legal parties: Executor(s) or Administrator(s) Beneficiaries (if property is being transferred to them)
Statutory Declarations

Often required for certain Transfer of Land forms, especially when clarifying relationships, confirming identity, or providing other legally relevant facts
Mortgage Account Details (if applicable)

If the property is subject to a mortgage, provide the loan account number and financial institution contact details so we can request discharge arrangements. ATO Clearance Certificate (if property value exceeds $750,000 and being sold) Required to avoid 12.5% of proceeds being withheld under foreign resident capital gains withholding tax rules

Property Transfers

Transfer Agreement or Written Instructions

A signed agreement or written direction outlining the intent and terms of the transfer (this may be a formal deed of agreement, family arrangement, or informal instruction depending on the situation)
Certificate of Title

Required only if a paper title still exists. Most titles in WA are now electronic—we can conduct a title search through Landgate to confirm status.
Identification Documents (VOI)

For all current owners and new owners
Marriage Certificate or Divorce Order (if applicable)

For transfers between spouses or due to breakdown of marriage/de facto relationship Can be used to support stamp duty exemption/concession applications
Family Court Orders (if applicable)

Required where the transfer is made under the terms of a binding court order, often under the Family Court Act
Statutory Declarations (as needed)

May be required for Landgate, Office of State Revenue, or in support of any claim for duty exemption
Mortgage Account Details (if applicable)

If the property is subject to a mortgage, provide the loan account number and financial institution contact details so we can request discharge arrangements ATO Clearance Certificate (if property value exceeds $750,000 and being sold) Required to avoid 12.5% of proceeds being withheld under foreign resident capital gains withholding tax rules

Document Verification Service

Not sure if you have the right documents? We offer a complimentary document review service to help you identify what you need and verify what you already have.

Optional Additions Based on Context

Additional documentation may be required depending on your specific circumstances.

Power of Attorney

If someone is acting on behalf of a party (e.g. elderly parent, overseas family member), a registered Enduring or General Power of Attorney must be provided

Trust Deed or Company Constitution

Required if a property is held by or being transferred to a trust or corporate entity

Consent from Other Beneficiaries

Consent from Other Beneficiaries (for partial transfers or complex estates) May be needed where property is held by multiple parties or distributed unequally under a will

Optional Additions for Islamic Deceased Estates or Property Transfers

While WA law governs the legal process of property transfer and deceased estates, we respect and accommodate Islamic inheritance principles wherever possible. If your family wishes to align with Sharia or cultural practices, we welcome supporting documentation such as fatwas, consent letters, or religious guidance from your Imam or adviser. These can help ensure the process reflects your values while remaining legally compliant.

Islamic Documentation

Islamic Inheritance Distribution Statement

A written summary or breakdown of faraid (Islamic inheritance shares) based on the deceased's surviving relatives. This helps executors or administrators understand what the family believes the proper distribution should be under Sharia.
Fatwa or Religious Guidance Certificate

If the family seeks to ensure the transfer aligns with Islamic inheritance principles, they may wish to obtain a fatwa (religious ruling) or written opinion from a qualified Islamic legal scholar.
Consent Letters from Beneficiaries

Where beneficiaries agree to waive or reallocate their Islamic shares (e.g. gifting a share to a parent or sibling), it is recommended to have written, signed consent letters or statutory declarations. This protects family harmony and prevents disputes.

Additional Supporting Documents

Waqf Documentation

If the property (or part of it) was declared a waqf (Islamic charitable endowment) during the deceased’s lifetime, documentation to support that designation is helpful. While WA law does not automatically recognise waqf as a legal entity, the family may wish to uphold the religious intention and handle the transfer or use of that property accordingly.
Islamic Finance Documentation

If the property is being financed through an Islamic bank (e.g. under a Murabaha or Ijara contract), we may need to coordinate with the lender and provide or receive alternative finance and security documents, different from conventional loan documentation.
Family Council Notes or Mediation Agreements

Some families hold a family meeting to decide on estate distribution, sometimes guided by a community leader or Imam. A summary or written outcome from that meeting can assist in documenting consensus and cultural intention.

Important Legal Considerations

Key legal aspects to understand when dealing with deceased estates and property transfers.

Probate Requirements

Understanding when probate is required for property transfers from deceased estates.

Key Information

In Western Australia, probate is generally required to transfer property from a deceased estate if the deceased held the property in their sole name or as a tenant in common. A Grant of Probate (if there is a will) or Letters of Administration (if there is no will) must be obtained from the Supreme Court of WA. This court-issued document legally authorises the executor or administrator to deal with estate assets, including property. Without probate or administration, Landgate will not register the transfer of the property unless the property was held as joint tenants (see next section). ⚠️ Landgate requires original, court-sealed documents for registration of a property transfer involving deceased estates.

Stamp Duty Implications

Understanding potential duty costs and available exemptions.

Key Information

In WA, stamp duty (transfer duty) is generally assessed on all property transfers, but significant exemptions apply for deceased estates and family transfers: Exemptions apply when property is transferred from the deceased to a beneficiary named in the will or in accordance with intestacy rules (Section 122 of the Duties Act 2008). Transfers between spouses, de facto partners, or pursuant to Family Court orders may also qualify for duty exemptions or concessional treatment. Family-related transfers (e.g. gifting property to children) may still attract duty at market value unless exempt. We assess your specific situation and lodge required documentation with the Office of State Revenue (OSR) to confirm duty outcomes.

Mortgage Considerations

Managing mortgages in deceased estates and property transfers.

Key Information

If a property is mortgaged, this must be addressed before or during settlement: If the property is being transferred to a beneficiary, the lender may require a loan payout or approve a loan transfer/ refinance to the beneficiary. If the property is to be sold, mortgage discharge and payout is typically done as part of the sale settlement. No transfer or registration can occur until the mortgage is discharged or consent is obtained from the lender. We liaise directly with financial institutions to ensure timely and correct mortgage processing.

Joint Tenancy vs. Tenants in Common

Understanding ownership structures and their legal impact.

Key Information

Property co-owned by the deceased may fall under two legal structures: Joint Tenants: The deceased’s interest passes automatically to the surviving co-owner, and does not form part of the estate. Probate is not required for the property transfer, but a Survivorship Application must be lodged with Landgate. Tenants in Common: The deceased’s share forms part of the estate and is distributed under the will or intestacy. Probate or administration is required. We will verify the ownership structure and guide you through the correct legal process.

Timeframes and Limitations

Important timing considerations in property transfers.

Key Information

Executors are expected to apply for probate within 6 months of death, although this is not a strict legal deadline. If delayed, an explanation may be required by the court. Once probate is granted, there is no statutory time limit to transfer property, but delays can increase costs, expose the estate to risk (e.g. deterioration, land tax), or complicate beneficiary arrangements. In cases of intestacy or multiple beneficiaries, early legal and financial advice is crucial to avoid missteps or disputes. We recommend commencing the property transfer process as soon as probate is granted and documentation is in place.

Beneficiary Disputes

Dealing with disagreements during property distribution.

Key Information

Disputes may arise over: Valuation of property Who receives the property Timing of property transfer or sale Interpretation of the will Resolution options include: Mediation Legal advice or clarification of the will Supreme Court direction Selling the property and dividing proceeds We act impartially and can recommend trusted legal advisors or mediators if needed.

Frequently Asked Questions

Common questions about deceased estate settlements and property transfers.

ISLAMIC-SPECIFIC FAQs

Need Assistance with a Deceased Estate or Property Transfer?

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