SDLTM00560 - Scope: What is chargeable: Exempt transactions: Following death FA03/SCH3/PARA4

Certain transactions following death are exempt from Stamp Duty Land Tax (SDLT).

A transaction following a person’s death that varies a disposition (whether effected by will, under the law relating to intestacy, or otherwise) of property of which the deceased was competent to dispose, is exempt from charge if the following conditions are met

• the transaction is carried out within the period of two years after a person’s death, and
• no consideration in money or money’s worth other than the making of a variation of another such disposition is given for it. N.B. consideration here does not include any secured debt assumed.

This exemption applies whether or not the administration of the estate is complete or the property has been distributed in accordance with the original dispositions.