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.

10 Most Common Questions Purchasers Ask When Buying a Property

Buying a property is one of the biggest investments you’ll make, and it’s natural to have plenty of questions before diving in. Below are the top 10 most common questions we encounter from purchasers and explanations to guide you through the process.

1.        What is the cooling-off period in Victoria?

In Victoria, buyers have a three-business-day cooling-off period after signing the contract, during which they can cancel the purchase. However, certain conditions apply, and acting quickly is important if you change your mind. You cannot for example cool off if you purchased within 3 days of a publicly advertised auction date for the property (before or after), nor for commercial or industrial property, farming property of 20 hectares or more, if you have previously had a contract for the same property, nor if you are an estate agent or corporate body

2.        What are the additional costs besides the purchase price?

Apart from the property’s purchase price, there are other costs, including stamp duty, legal fees, building inspections, loan application fees, Pexa fees, land transfer fees, insurance and potentially Lenders Mortgage Insurance (LMI).

3.        Do I need to conduct a building and pest inspection?

Yes, it’s highly recommended, though not legally or contractually necessary. A building and pest inspection will alert you to any structural issues or termite damage, potentially saving you from costly repairs down the track. If your contract is subject to these inspections and a major defect is found then you can terminate the contract without losing your deposit.

4.        What’s the difference between a private sale and an auction?

In a private sale, you can negotiate the terms and price with the seller. An auction involves bidding in an open environment, where the highest bidder generally wins, but contracts are unconditional once accepted. You can add additional conditions for a private sale, such as the contract being subject to finance approval or a satisfactory building and pest inspection.

5.        What is a Section 32 Statement?

A Section 32 Statement, also known as the Vendor’s Statement, provides essential information about the property, including title details, zoning, easements, and other restrictions. It’s crucial to review this document before making an offer. If the vendor does not disclose the required information you can cancel the contract.

6.        How much deposit is required, and when do I pay it?

Typically, a 10% deposit is required when purchasing a property, which is paid when the contract is signed. However, this can sometimes be negotiated to a smaller percentage, potentially 5%, but only through private sales, not a public auction.

7.        What happens if my finance isn’t approved?

If your contract is subject to finance, and your finance is not approved within the agreed timeframe, you may be able to withdraw from the contract without penalty, depending on the terms agreed upon. You must however show proof that you applied for finance and were legitimately rejected.

8.        What is a settlement, and how long does it take?

Settlement is the process of transferring ownership of the property. In Victoria, the settlement period is typically 30 to 90 days, but this can be negotiated between the buyer and seller. On the settlement date, the property is transferred to you and the vendor paid, if you have a bank loan, the bank will also lodge their mortgage on the title and retain control of the title.

9.        Do I need a conveyancer or a solicitor?

Yes, engaging a conveyancer or solicitor ensures that all legal documents are in order, and they’ll handle the transfer of ownership. They also provide advice on the contract of sale and Section 32 Statement. It is best to use the services of a solicitor who can assist you with legal issues that may arise, whereas a conveyancer cannot give you legal advice. As this is a major transaction it is best to use the services of a solicitor, the costs of either are often the same anyway.

10.  Can I negotiate the price of the property?

In private sales, negotiation is expected. You can negotiate the price and any conditions of the sale, such as settlement period or inclusions like appliances.

Purchasing a property can seem overwhelming, but the process becomes much smoother with the right legal guidance. Whether you're a first-time buyer or adding to your portfolio, having all the right information will ensure a confident purchase.

WebWills - Helping with property law. Call (03) 9028 7603 or email us at info@webwills.com.au for expert advice and support.

DISCLAIMER

This is a commentary published by WebWills for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://webwills.com.au before making any final decision. The content also is subject to change. A   person listed may not be admitted as a lawyer in all States and Territories.

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