Income Tax Assessment Act 1936
If, immediately before an individual dies, he or she has a fixed entitlement to a share of the income or capital of a trust, partnership or company directly or indirectly, and for his or her own benefit, the individual is taken to continue to have the entitlement for so long as:
(a) it is held by someone as trustee of the individual ' s estate; or
(b) it is held by someone who received it as a beneficiary of the estate.
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