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  • Update on access to deceased estate information

    The application for use of the Commissioner's Remedial Power (CRP) to expand access to deceased estate information has been tabled in both the House of Representatives and the Senate. We anticipate the approval process will be completed by mid-May.

    Currently, in most instances, the only legal access to the information is for agents who are the estate's legal personal representative (LPR) themselves.

    Use of the CRP will allow us to provide appointed agents of executors or administrators of an estate with access to deceased clients' information.

    Following approval, we will amend the current declaration in Online services for agents to allow access for agents appointed by the estate's LPR.

    We will provide further advice through professional associations and the Tax professionals newsletter when the CRP is approved and the change to Online services for agents is complete.

    As an interim measure, we have developed a Deceased estate data package. This tool extracts relevant tax and income information about a deceased client from our systems. We can provide this information to an executor or administrator who has received a grant or probate or letters of administration. You can request this package be sent to the executor.

    We acknowledge that this process has been lengthy and understand the frustration of tax professionals dealing with difficult and sensitive circumstances with bereaved relations and friends of deceased clients. We will continue to explore improvements to the experience for LPRs and their tax and legal representatives seeking to finalise the tax affairs of a deceased estate.

    See also:

    Last modified: 11 Feb 2020QC 61383