Transfer by court order or deceased estate
A vehicle licence that is transferred to a new owner because of a judgement by a Court, or because they are a beneficiary of a deceased estate, pays a nominal rate of vehicle licence duty on the value of the vehicle as set by State Revenue.
Index
- Transfer of vehicle licence by court order or deceased estate
- Transfer of vehicle licence – deceased estate
- Transfer of vehicle licence – Intestate
Transfer of vehicle licence by court order or deceased estate
A vehicle licence that is transferred to a new owner because of a judgement by a Court, or because they are a beneficiary of a deceased estate, pays a nominal rate of vehicle licence duty on the value of the vehicle as set by State Revenue.
 State Revenue
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Transfer of vehicle licence – deceased estate
Transfer – beneficiary of a Will
If transferring a vehicle licence from a deceased estate to a beneficiary under the terms of a will, the beneficiary must supply the current licence papers (if available) and a 'Statutory Declaration Deceased Estates' (MR 172) completed by the Executor or Administrator of the Estate. The beneficiary will pay a transfer fee and a reduced rate of vehicle licence duty.
Transfer – non-beneficiary of a Will
If transferring a vehicle licence from a deceased estate to a non-beneficiary under the terms of a will, the non-beneficiary must supply the current licence papers (if available) and a 'Statutory Declaration Deceased Estates' (MR172) completed by the Executor or Administrator of the Estate. The non-beneficiary will pay a transfer fee and the full rate of vehicle licence duty.
Statutory declaration - deceased estates (Form MR172)
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Transfer of vehicle licence – Intestate
Transfer to next of kin – intestate
If a vehicle licence holder dies intestate (without a will) and the next of kin wants the vehicle licence transferred into their name, they must supply the current licence documents (if available) and a completed Statutory Declaration. The declaration must state:
- I am the next of kin of (full name of deceased person) who has died intestate.
- I request that the vehicle licence for:
- plate number ___
- year ___
- make ___
- model ___
- body type ___
- VIN/chassis ___
- valued at $ ___ be transferred into my name.
- I accept full responsibility for the transfer.
The transfer fee and a nominal rate of vehicle licence duty are payable.
Under the provisions of the Administration Act 1903, a de facto partner is now recognised as having equal status as that of a husband or wife.
If a vehicle licence holder dies intestate (without a will) and the deceased person's de-facto partner wants the vehicle licence transferred into their name, they must supply a Statutory Declaration that must state: I, (insert full name) declare that I am the de facto partner of (full name of deceased) who has died intestate. I am recognised as being entitled (as defined under Section 15 of the Administration Act 1903) to vehicle (insert plate number) valued at (insert market value).
or
an MR9 signed by the Administrator / Executor of the estate who must endorse the MR9 immediately underneath the new owners name with the words (de facto partner). Full transfer fee and a nominal rate of vehicle licence duty is payable.
Any applicant who is unwilling to make the above declaration will be required to pay full vehicle licence duty on the transfer of the licence. However, where the applicant makes the above declaration at a later date, they can apply for a refund of the difference in vehicle licence duty from what was originally paid, and the amount that would have been paid had the declaration been made when transferring the vehicle licence.
Transfer to other than next of kin – intestate
If a vehicle licence holder dies intestate (without a will) and the next of kin wants to sell the vehicle, the person who acquires the vehicle must present current licence documents (if available) and an MR9 completed by the next of kin. The next of kin must record the seller's details as 'Estate of……' on the MR9 and endorse 'next of kin' above their signature in the 'seller's signature' box. The person who acquires the vehicle must pay the full vehicle licence duty and transfer fees.
