South Australian Consolidated Acts

SUCCESSION DUTIES ACT 1929 - SECT 13

13—Reasonable funeral and testamentary expenses may be deducted

        (1)         Every administrator may, in the statement filed with the commissioner for the purpose of ascertaining the net present value of all the property derived from the deceased person, deduct from the gross value of the property all reasonable funeral and testamentary expenses (other than any commission or remuneration payable to or chargeable by any administrator), in the same manner as the administrator, for the purpose of ascertaining the net present value, might lawfully deduct debts and other liabilities contracted by the deceased person during his lifetime.

        (2)         Where debt secured by mortgage over land outside South Australia

Notwithstanding subsection (1) of this section, there shall not be deducted, in any statement referred to in that subsection, the amount of any debt secured by a mortgage, charge or encumbrance (whether registered or not) over land situated outside South Australia, except a debt or such portion thereof as has, at the date of the death of the deceased person, become unsecured to the extent that the value of the land is less than the amount of the debt that is then outstanding and which is secured by the mortgage, charge or encumbrance.