SDLTM00570 - Scope: What is chargeable

Assents and appropriations by personal representatives FA03/SCH3/PARA3A

There is a land transaction when land passes to a beneficiary under a will, or by virtue of the law on intestacy.

In England & Wales and Northern Ireland this transaction is effected by means of an assent or an appropriation.

In Scotland a docquet or docket is normally used but there may be a disposition, that is a deed transferring the property.

FA03/SCH3/PARA3A which has effect from 1 December 2003 provides that the acquisition of property by a person

• in or towards satisfaction of his entitlement under or in relation to the will of a deceased person
• on the intestacy of a deceased person

is exempt from stamp duty land tax.

This exemption however does not apply to the extent that the beneficiary gives consideration other than the assumption of secured debt.

Secured debt is debt that, immediately after the death of the deceased person, was secured on the land. The commonest example is a mortgage to the extent that the mortgage is not paid off on death.

Examples can be found at SDLTM00570a.

The exemption applies whether the transfer is to a sole beneficiary or to joint beneficiaries.