V. The said last-mentioned duties shall be a charge or burden upon the property in respect of which the same are so payable, and shall be paid thereout by the trustees or owners thereof to the person for the time being lawfully having or taking the burden of the execution of the will or testamentary instrument, or the administration or management of the personal or movable estate and effects of the deceased, for the benefit of the persons entitled to the personal or movable estate and effects of the deceased.

VI. Money secured on heritable property in Scotland, and money secured by Scotch Bonds in favour of heirs and assignees, excluding executors, shall, for the purposes of this Act, be held and interpreted to be movable property, and shall be included in any inventory to be exhibited and recorded in any Commissary Court in Scotland of the estate and effects of any person deceased entitled thereto, and in England and Ireland respectively shall be deemed to be estate and effects for or in respect whereof any probate of will or letters of administration shall be granted; and every such inventory, probate, and letters of administration shall be chargeable with stamp duty in respect of such movable property; and such property, and the value thereof, shall be included in any such affidavit as aforesaid made on applying for probate or letters of administration in respect thereof in England or Ireland.

VII. Whereas it is considered that certain testamentary dispositions in Scotland are chargeable with stamp duty, and it is expedient that the same should be exempted: Be it enacted that, no will, testament, testamentary instrument, or disposition mortis causâ, shall be chargeable with any stamp duty.

31 & 32 VICT. c. 124.

An Act to amend the Laws relating to the Inland Revenue.

[31st July, 1868.]

7. From and after the first day of September, one thousand eight hundred and sixty-eight, where any leasehold estates form part of the estate and effects of a deceased person for or in respect of which probate or letters of administration is or are to be granted in England or Ireland, and such leasehold estates are the sole security by way of mortgage for any debts due and owing from the deceased, the amount of such mortgage debts may be deducted from the value of the said leasehold estates, and the stamp duty shall be chargeable on the value of the estate and effects for or in

respect of which the probate or letters of administration shall be granted, after deducting therefrom the amount of such mortgage debts.

8. In any case in which any such deduction as is authorized by the last preceding section is made, the affidavit to be required and received from the person applying for probate of the will or letters of administration of an estate and effects of a deceased person under the provisions of the thirty-eighth section of the Act of the fifty-fifth year of King George the Third, chapter one hundred and eighty-four, or under the provisions of the one hundred and seventeenth section of the Act of the fifty-sixth year of King George the Third, chapter fifty-six, shall be in the form contained in the schedule to this Act; and every such affidavit, with the account thereto annexed, if any, shall be transmitted in original to the Commissioners of Inland Revenue in like manner as is directed by the ninety-third section of the Act of the twentieth and twenty-first years of Her Majesty, chapter seventyseven, and by the one hundredth section of the Act of the twentieth and twenty-first years of Her Majesty, chapter seventy-nine, with reference to the original affidavit in such sections respectively mentioned.

9. Whereas it is expedient to make express provision as to the payment of interest on arrears of legacy duty and succession duty Be it enacted, that in any case in which duty payable in respect of any legacy or residue under the Legacy Duty Acts now in force, or in respect of any succession under the Succession Duty Act, 1853, is or shall be in arrear, the person by whom the arrears of duty may be payable shall be liable to pay interest thereon at the rate of four pounds per centum per annum; and such interest shall be recoverable by the Commissioners of Inland Revenue in the same manner as the arrears of duty, and as part thereof : Provided always, that the acceptance or recovery by the said Commissioners of arrears of duty, with interest thereon as aforesaid, shall be an absolute waiver of the penalties (if any) which may have been incurred under the Legacy Duty Acts or the Succession Duty Act.

THE SCHEDULE.

Form of affidavit required and to be received from persons applying for probates of wills and letters of administration, in cases in which mortgage debts may be deducted from the value of leaseholds.

in the last will and testament [or in a codicil annexed to the last will and testament] of C.T. [the testator], late of who died on the day 18 maketh oath and saith [or make oath and say, or, in the case of affirmations, do or doth solemnly affirm and declare], that he [she or they] hath [or have] made diligent search and due inquiry after and in respect of the personal estate and effects of the said deceased in order to ascertain the full amount and value thereof, and that to the best of his [her or their] knowledge, information, and belief the whole of the goods and chattels, rights and credits, of which the said deceased died possessed (including any personal estate and effects which the deceased had disposed of under his will aforesaid under any authority enabling him to dispose of the same as he should think fit) consisted of the property, moneys, securities, matters, and things specified in the account annexed to this affidavit, and are under the value of

pounds, exclusive of what the deceased may have been possessed of or entitled to as a trustee for any other person or persons, and not beneficially, and without deducting anything on account of the debts due and owing from the deceased, except in respect of leaseholds in mortgage, and further that the particulars of the debts so deducted are as follows (that is to say), [here state briefly the date and particulars of the mortgage security in respect of every debt deducted,] and that the said leaseholds are the sole security by way of mortgage for the said debts.

Sworn on the day of

Before me,

[To be signed by the 18, Deponents.]

A.E.

B.E.

[NOTE.-The words printed in italics are to be used in Ireland only, and the account is to be in the form contained in Schedule 3 to 56 Geo. III. c. 56.]

B.A.

No. 2.-For Administrators.

of

[C. A. of

who died on the

], in

order to the due administration of the personal estate and effects of D.I. [the intestate], late of

day of

intestate, maketh oath and saith, &c. [as in the preceding form, according or so far as the same may be applicable to administration with or without the will annexed].

43 VICT. C. 14.

An Act to grant certain Duties of Customs and Inland Revenue, to alter other Duties, and to amend the Laws relating to Inland Revenue.

[24th March, 1880.]

PART III.

Stamps.

9. On and after the first day of April, one thousand eight hundred and eighty, in lieu of the stamp duties now payable upon probates of wills and letters of administration in England and Ireland, and upon inventories to be exhibited and recorded in any Commissary Court in Scotland, there shall be charged and paid the duties specified in the Schedule to this Act: Provided, that an additional inventory to be so exhibited or recorded of any effects of a deceased person, where a former duly stamped inventory of the estate and effects of the same person has been exhibited and recorded prior to the first day of April, one thousand eight hundred and eighty, shall be chargeable with the amount of stamp duty with which it would have been chargeable if this Act had not been passed.

10.-(1.) Together with the affidavit to be required and received from the person applying for a probate or letters of administration in England, in conformity with section thirty-eight of the Act passed in the fifty-fifth year of the reign of King George the Third, chapter one hundred and eighty-four, there shall be delivered an account of the particulars of the personal estate for or in respect of which the probate or letters of administration is or are to be granted, and of the estimated value of such particulars.

(2.) The account so delivered shall be transmitted to the Commissioners of Inland Revenue, together with the documents mentioned in section ninety-three of the Act passed in the twentieth and twenty-first years of Her Majesty's reign, chapter seventy

seven.

(3.) A like account shall be annexed to the affidavit to be required and received from the person applying for a probate or letters of administration in Ireland, in conformity with section one hundred and seventeen of the Act passed in the fifty-sixth year of the reign of King George the Third, chapter fifty-six, and such account shall be in lieu of, and in substitution for, the account annexed to the form of affidavit set forth in Part III. of the Schedule to the said Act.

(4.) Every account to be delivered in pursuance of this section shall be in accordance with such form as may be prescribed by the Commissioners of Her Majesty's Treasury.

11. Where any legacy duty or succession duty shall be presumptively payable in respect of any interest in expectancy upon the determination of a life or other temporary interest in possession in a legacy, or residue, or in personal property comprised in a succession, and the duty (if any) payable upon the life or other temporary interest shall have been fully paid and satisfied, it shall be lawful for the Commissioners of Inland Revenue, in their discretion, upon the application of the executor or trustee or other person who would be accountable for the duty in respect of such interest in expectancy, if it were then in possession, to commute the duty presumptively payable for a certain sum to be presently paid.

For assessing the amount which shall be so payable the Commissioners shall cause a present value to be set upon the presumptive duty, regard being had to any contingencies affecting the liability to such duty, and the interest of money involved in the calculation being reckoned at the rate for the time being allowed by the Commissioners in respect of duties paid in advance under the Succession Duty Act, 1853.

Upon the receipt of the certain sum the Commissioners shall give a discharge for the duty accordingly.

12. When an executor, administrator, or trustee shall have given notice in writing to the Commissioners of Inland Revenue for any claim to legacy duty or succession duty in respect of any fund in his hands which he intends to distribute, and shall have delivered to the Commissioners all particulars which they may require in order to ascertain the existence and extent of any such claim, he shall be at liberty to distribute the fund amongst the parties entitled thereto, after satisfaction of any claims to duty made by the Commissioners, and shall be entitled to receive from them a certificate discharging him from his liability to any duty in respect of the fund.

Such certificate shall not in any way affect the liability of any person other than the person in whose favour it is expressed to be given.

13. Where it appears upon an examination of the account rendered to the Commissioners of Inland Revenue that the value of the whole of the personal estate of any person dying after the passing of this Act does not amount to the sum of one hundred pounds, no legacy duty shall be charged in respect thereof or of any portion thereof.