Does the share portfolio attract CGT when it is transferred to the testamentary trust (TT) in NSW? As I understand, TT will need to have its own HIN number. What is the mechanism of transfer shares to TT after the person's death? Will TT need to hold shares more them 1 year after transfer to get 50% reduction on CGT?
Thank you
Hey @Joseph123!
There are special rules for CGT and passing on of assets from a deceased estate. Generally speaking CGT would be disregarded if criteria is met. Who are the shares with? There should be an off-market transfer form for deceased estates. They can also advise if the TT needs a HIN. You're correct about the 12-month ownership before the CGT discount can be applied.
Check all the info on our deceased estate and CGT page!
Hey @Joseph123!
There are special rules for CGT and passing on of assets from a deceased estate. Generally speaking CGT would be disregarded if criteria is met. Who are the shares with? There should be an off-market transfer form for deceased estates. They can also advise if the TT needs a HIN. You're correct about the 12-month ownership before the CGT discount can be applied.
Check all the info on our deceased estate and CGT page!
15 Apr 2026 · 8 min read time
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