Tax after a death,
dealt with in order.
An estate has tax obligations of its own, and inherited assets carry tax consequences for the beneficiaries. We work through them with the estate’s accountant, so the executor is protected and nothing is missed.
Client reviews
In our clients’ own words.
Been dealing with Dinesh, Pallavee and his staff for over 10 years, more than 20 properties settled through them. The amount of expertise Joshi Lawyers has is next to none… every question answered and every transaction handled in the most professional way.
Ankur AnandProperty investor · Google review, 2018 We engaged Joshi Lawyers for a business purchase and found them to be very professional, dedicated and helpful. Dinesh has a significant degree of knowledge in business and commercial law matters. We were advised about everything in detail and kept informed about our matter’s progress at each stage.
Anqi HuangBusiness purchase · Google review, 2017 The best family lawyers I have ever known. Great service, pragmatic, non-judgmental approach. Prompt communication with an amazing team who have a detailed approach and understanding.
N. S.Family law client · Google review, 2024 Made a complex process simple. I received pro-active phone calls and emails letting me know about timeframes and deadlines… Everything was completed remotely and so easy, as well as regular communication which far exceeded my expectations.
Dhaval PatelHome buyer · Google review, 2020 Our first experience in Australia using any lawyer. All advice given was very fair and to the point. It was them who suggested the statutory demand process, which we used for a speedy recovery, and it worked.
GNS Group AustraliaDebt recovery · Google review, 2023 They truly work on the root cause of the problem and understand your case so precisely that no further worry is required. They take the entire burden off my shoulders… professional, direct and highly efficient.
A. N.Parenting matter · Google review, 2025 I’ve used Joshi Lawyers a few times now and have always had a good experience with them. The communication and service from their team throughout the entire process from start to finish is great, and they are cost-effective, too.
Ian HProperty and conveyancing client · Google review, 2019 Dinesh solved my dispute in 4 months where the other lawyer I had prior took 12 months giving me no foresight on my case. Dinesh has a clear foresight in his cases and closes all objections with ease and makes you aware of your standing.
Dheeraj WadhwaniBusiness dispute · Google review, 2018 They set the right expectation and provided sound legal advice. I engaged them for my separation, which involved property and children and was a very emotional one for me. I will highly recommend them, especially for someone new to legal proceedings.
A. K.Separation, property and parenting · Google review, 2024 We bought our first commercial property and Dinesh looked after our file… sent us all information three days prior with all calculations, and kept us posted with all changes on the settlement date. A hassle-free experience.
Ravneet KaurCommercial property buyer · Google review, 2020 From business settlements to my recent land settlement, they have never failed to impress me. Thank you Dinesh and your team for taking the stress from us and dealing with all sorts of issues and disputes very professionally.
Aarti AroraBusiness owner and investor · Google review, 2017 Pallavee was empathetic, supportive and professional throughout the process. I could tell the firm had my best interest in mind.
K. K.Family law client · Google review, 2021 The process went smooth with no stress, communication was easy and we were kept informed throughout the process. We can’t recommend them enough and we will definitely be using their services for future settlements.
Dureka HomesBuilder · Google review, 2019 I am with them for the past 5 years for several land purchases. In all instances they have provided great service to me… taking ownership and providing extra-mile service.
Sumita MukherjeeLand investor · Google review, 2019
Is this you?
When people come to us about tax on an estate.
Each of these is a good reason to call, and none of them is too early.
- The person who died had not lodged returns for some years.
- The estate includes a house, shares or investment property.
- You inherited a property and want to know the tax if you sell it.
- The estate earns income while it is being administered.
How we help
Executors can be personally liable for the estate’s tax.
A final tax return is needed for the year of death, and the estate may need its own returns while it is administered. An executor who distributes before tax is settled can be personally liable for it.
Capital gains tax rules for inherited assets are generous but strict. The main residence exemption can apply if a home is sold within two years of the death, and pre-1985 assets are treated differently. We plan sales and distributions with the estate’s accountant to make the most of these rules.
What we do
- Final returns and estate returns, with the accountant
- Capital gains tax on inherited property and shares
- The two-year main residence window
- Timing of sales and distributions
- Executor protection from tax liabilities
- Super death benefit tax explained
What happens first
Your first week with us.
A matter should feel different from the first call. This is what you can expect before anything is signed or sent.
The first call: where things stand
Who has died, whether there is a will, what the estate holds, and any date that cannot be missed.
In writing: the steps and an estimate
What needs to happen, in what order, and what each stage will cost, before any work is done.
The first steps: the estate protected
Time limits diarised, assets secured and the people who need to know told, so nothing is lost while the estate is sorted out.
From then on: one lawyer, who answers
One lawyer runs the matter from start to finish, and keeps the executor and the family told.
Your team
Who you will deal with.
Matters are run by the people below, not handed down.
Questions
Frequently asked questions
If your question is not here, it is a good reason for the free call.
Is there inheritance tax in Australia?
No. But capital gains tax and income tax can apply to estate assets and income, and to beneficiaries when they sell inherited assets.
Do we have to sell the family home within two years?
Not necessarily, but selling within two years of the death can mean no capital gains tax on the sale. We plan the timing with you.
What does it cost?
Wills and powers of attorney made online have a fixed price, shown before you pay. Probate, estate administration and estate disputes are quoted in writing before the work starts, and you are told early if anything changes.
More in probate and administration
View all wills and estates- ProbateApplications for a grant of probate in the Supreme Court of Victoria, prepared and filed for executors.Read more
- Letters of administrationApplications when there is no will, or no executor able to act, and estates divided under the intestacy rules.Read more
- Estate administrationThe whole estate administered for executors, from collecting assets and paying debts to final distribution.Read more
- Advice for executorsAdvice for executors on their duties and risks, and Joshi Lawyers as executor when you prefer a professional.Read more
Tell us what is going on. We will tell you where you stand.
A free 15-minute call. If it is a matter for us, you are booked in with the right solicitor before the call ends. If it is not, we will say so.