Amazing Conveyancing Tips to Try Right Now Before Estate Transfers

Thinking about transferring a property from an estate or sorting ownership changes? Understanding how conveyancing fits into estate planning can save you time, stress, and unexpected costs. In this post, I’ll walk you through practical conveyancing tips that make estate transfers smoother and legally secure — so you can protect your assets and your loved ones’ peace of mind.

Ever tried to deal with property transfers after someone passes away — and found yourself buried in legal words and paperwork? You’re not alone.

Conveyancing during estate transfers can be confusing, especially when emotions are already high and you’re trying to do the right thing by your family.

I’ve worked with many clients who thought estate transfers were just about updating a name on a title. But there’s more to it — timing, documents, taxes, and even small errors can cause major delays or extra costs. That’s where good conveyancing advice makes a difference.

When property is part of an estate, conveyancing isn’t just a legal formality. It’s a key step to ensure the rightful person gets ownership and the title reflects what’s written in the Will or Court order. If this process is rushed or handled incorrectly, it can affect future sales, refinancing, or even estate disputes.

What is conveyancing and how does it work?

What is conveyancing?

Conveyancing is the legal process of transferring ownership of a property from one person to another. It covers everything from checking the title to preparing documents and making sure the transfer is legally valid.

What is a conveyancer?

A conveyancer is a licensed professional who handles all the legal paperwork, searches, and settlements involved in buying, selling, or transferring property. They make sure the transaction meets legal requirements and protects your interests.

How much does a conveyancer cost?

Conveyancing fees vary depending on the complexity of the matter and the property’s value. In Victoria, costs usually range between $800 and $2,000, plus government fees and disbursements.

When should you consider hiring a conveyancer or conveyancing solicitor?

You should get a conveyancing solicitor involved as soon as you’re planning to buy, sell, or transfer a property, including estate transfers, as they have in depth knowledge about conveyancing and estate administration, whereas conveyancers do not. Having one early helps prevent mistakes and delays later on.

How do I find a conveyancer solicitor?

You can find a conveyancer solicitor through word of mouth, online reviews, or your local law firm. It’s best to choose someone experienced with your type of transaction — especially estate-related transfers.

Questions to ask potential conveyancers:

·             What’s included in your fee?

·             How do you communicate updates?

·             Have you handled estate-related transfers before?

·             How long will the process take?

·             Will I deal directly with you or your team?

Can I claim conveyancing costs on my tax return?

Generally, you can’t claim conveyancing fees as a tax deduction when buying or selling your home, however if it is an estate transfer the costs come out of the deceased’s estate. However, if the property is an investment, some costs may be added to your capital gains tax calculation — it’s best to check with your accountant.

Here are some conveyancing tips you can try right now to make sure your estate transfer goes smoothly:

1.     Double-check the title details early.
Before starting the transfer, make sure the property title matches the name of the deceased exactly as it appears in the Will. Any mismatch — even a missing middle name — can delay registration.

2.     Get certified copies of key documents.
You’ll need the Grant of Probate (or Letters of Administration), the Will, and the death certificate. Having these ready before your conveyancer solicitor asks saves weeks of waiting time.

3.     Ask your conveyancer solicitor about stamp duty exemptions.
In Victoria, for example, certain estate transfers may be exempt from stamp duty. Not everyone knows this, so asking early can save you a fair bit of money.

4.     Plan the timing carefully.
If the property is being sold as part of the estate, make sure the transfer process aligns with the sale timeline. The property still needs to be transferred from the name of deceased to the executor through a Transmission Application before it can be sold to anyone else. Also make sure that you can locate the original certificate of Title as this will be needed. Speak to us if it’s been lost and you need to apply for a replacement. The estate must legally own the property before it can sell it or transfer it— missing that step can stall settlement.

5.     Communicate openly with all beneficiaries.
Property transfers can get tense if family members feel left out. A simple conversation can prevent costly misunderstandings down the line.

Conveyancing and estate matters overlap more often than most people realise. A clear plan — and a trusted conveyancing and estate solicitor — can make what feels like a complicated legal process surprisingly straightforward.

A little preparation today can save you a lot of trouble tomorrow. I’ve seen how careful conveyancing can protect families from stress and conflict during estate transfers. If you’d like clear, practical guidance, we’re here at HazeLegal to make it easier.

DISCLAIMER

This commentary is published by WebWills for general information only—it’s not legal advice. If you have questions or need advice for your specific situation, we recommend speaking to a lawyer or reaching out to us at http://webwills.com.au before making any decisions.