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Deed of family arrangement

If all beneficiaries under a will are adults, have full mental capacity and agree, a will may be altered after the testator's death by a deed of family arrangement.

A deed of family arrangement is a document which outlines an agreement between parties with an interest in an inheritance - this can include beneficiaries, executors, trustees and even creditors of the estate. It is used either where all parties are agreed that they would like to alter the terms of the will, for whatever reason, or where there is a disagreement over a will and the disputing parties are able to reach a compromise without going to court.

A deed of family arrangement can have stamp duty and capital gains tax implications. Professional advice is needed on this issue.

A deed of family arrangement cannot be used:

In any of the above instances a court order will be necessary to make the deed of family arrangement enforceable at law.

Deed of family arrangement  :  Last Revised: Tue Jan 7th 2020
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.