Acquiring Weapons from Deceased Estates - With a Will

Weapons Acquired from Deceased Estate by Beneficiary

Where a person is bequeathed a registered weapon/s as a beneficiary of a deceased estate, the weapon/s upon application may be registered/transferred to the appropriate licence of the beneficiary.

Where a weapons licence holder is the direct beneficiary of a testamentary disposition on laws of succession (a Will) and requests a registered weapon/s from a deceased estate to be registered to their licence, the weapon/s may be registered/transferred to the appropriate licence of the actual acquirer person without the need for a PTA, on production of appropriate documentation.

The licensed beneficiary is to forward the following documentation:

• a copy of the Will; and
• confirmation from each beneficiary that the acquirer may lawfully acquire the weapon/s from the deceased estate and that the entitlement is in accordance with the provisions of the Succession Act 1981; and
• a copy of the Death Certificate; and
• signed advice from the actual acquirer of their intention to take possession; and
• full details of the weapon/s and details of the deceased; and
• full details of the actual acquirers licence.

Unregistered Weapons Acquired from Unlicensed Deceased Estate by Beneficiary

Where a person is bequeathed a weapon/s as a beneficiary of a deceased estate, and the deceased is unlicensed and the weapon is therefore unregistered, the weapon/s upon successful PTA application may be registered/transferred to the appropriate licence of the beneficiary.

Where a weapons licence holder is the direct beneficiary of a testamentary disposition on laws of succession (a Will) and requests a unregistered weapon/s from an unlicensed deceased estate to be registered to their licence, the weapon/s may be registered/transferred to the appropriate licence of the actual acquirer person only after completion of a PTA and production of appropriate documentation.

The licensed beneficiary is to forward the following documentation:

• PTA application; and
• a copy of the Will; and
• confirmation from each beneficiary that the may lawfully acquire the weapon/s from the deceased estate and that the entitlement is in accordance with the provisions of the Succession Act 1981; and
• a copy of the Death Certificate; and
• signed advice from the actual acquirer of their intention to take possession; and
• full details of the weapon/s and details of the deceased; and
• full details of the actual acquirers licence.

Weapons Acquired from Deceased Estate by Licensed Immediate Family Member

A beneficiary of an estate who is bequeathed a registered weapon/s from a deceased estate may request that the registered weapon/s be registered/transferred to an immediate family member (actual acquirer) of the deceased.

The beneficiary must authorise the lawful acquisition of the weapon by the actual acquirer from the deceased estate. The weapon/s may be registered/transferred to the appropriate licence of the actual acquirer person without the need for a PTA, on production of appropriate documentation.

(Note* An immediate family member for the purposes of this policy should be referred to as those members listed within section 119A of the Criminal Code 1899.)

The actual acquirer is to forward the following documentation:

• confirmation from each beneficiary that the acquirer is an immediate family member and authorisation that they may lawfully acquire the weapon/s from the deceased estate and that the entitlement is in accordance with the provisions of the Succession Act 1981; and
• signed advice from the actual acquirer of their intention to take possession; and
• a copy of the Will; and
• a copy of the Death Certificate; and
• request to transfer/register weapon to your licence; and
• full details of the weapon/s and details of the deceased; and
• full details of the actual acquirers licence.

Weapons Acquired from Deceased Estate by a Licensed Non-Immediate Family Member

In the circumstance where the beneficiary elects the weapon to be transferred/registered to a non-immediate family member of the deceased the following applies.

(Note* An immediate family member for the purposes of this policy should be referred to as those members listed within section 119A of the Criminal Code 1899.)

The beneficiary must authorise the lawful acquisition of the weapon by the actual acquirer from the deceased estate. The weapon/s may be registered/transferred to the appropriate licence of the actual acquirer without the need for a PTA, on production of appropriate documentation.

The actual acquirer is to forward the following documentation:

• confirmation from each beneficiary that the acquirer is not an immediate family member and authorisation that the acquirer may lawfully acquire the weapon/s from the deceased estate and that the entitlement is in accordance with the provisions of the Succession Act 1981; and
• signed advice from the actual acquirer of their intention to take possession; and
• a copy of the Will; and
• a copy of the Death Certificate; and
• full details of the weapon/s and details of the deceased; and
• full details of the actual acquirers licence.

Beneficiary Declaration to Transfer Weapons from Deceased Estate ( 29KB)