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Pages 154 and 159: In the sentences beginning "Successions conferred by the exercise," for "created" read "coming into operation."

THE

TAXES ON SUCCESSION.

INTRODUCTION.

THE stamp duties chargeable in respect of successions are imposed upon the grants of probates of wills and letters of administration in England and Ireland, and upon confirmations and inventories in Scotland, and also upon all legacies and other successions to either real or personal property.

They are generally designated as—

The Probate Duty;

The Legacy Duty; and

The Succession Duty.

The probate duty is the only one of these taxes which strictly falls within the original description of a stamp duty, where a stamp denoting the amount of the duty is or should be impressed upon the vellum, parchment, or paper on which the document is ingrossed or written.

It is proposed under these distinctive heads, which are most familiar to the public, to notice the principal sections of the Acts of Parliament by which these respective taxes have been imposed and under which they are now collected, and to refer to the leading cases which have been decided in connection therewith.

B

CHAPTER I.

THE PROBATE DUTY.

THIS tax was first introduced into England in 1694 by the 5 & 6 Will. & Mary, c. 21, which was "An Act for granting to theire Majesties severall dutyes upon Velum Parchment and paper for four yeares towards carrying on the warr against France."

The principal regulations for the management and collection of the probate duty are contained in the 55 Geo. III. c. 184, ss. 8 and 37-53; and the 43 Vict. c. 14 (ss. 9 and 10), which fixes the amount of duty payable on all inventories, probates, and letters of administration granted on and after the 1st April, 1880, and deals with testate and intestate estates in one scale.

PROBATE OF WILLS, &c.

(FROM 1ST APRIL, 1880, INCLUSIVE.)

SCHEDULE

Of Stamp Duties on Probates and Letters of Administration in England or Ireland and on Inventories in Scotland.

Where the estate and effects for or in respect of which a probate or letters of administration shall be granted, or whereof an inventory shall be exhibited and recorded, exclusive of what the deceased shall have been possessed of or entitled to as a trustee for any other person and not beneficially, shall be:

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