Towns > Edinburgh > 1846-1975 - Post Office Edinburgh and Leith directory > 1892-1893

STAMP DUTIES, ETC.
tion of receipt for legacy or succession duty,
or certificate by Commissioners of Inland
Eevenue, none payable.
§ 10 (2.) Nomination or payment under Act not to
affect inventory duty.-
(These provisions do not apply to Building
Societies. 76 L. T. 183, 12th January 1884.)
Pensions and Yeomanry Pay Act. — Personal estate,
whether arising from pay, pension, allowances,
surplus property, prize money, or otherwise !
however, held under control of Secretary of j
State, may be distributed without requiring j
probate if not exceeding £100. (47 and 48
Vict. c. 55, § 4.)
(See also Estate D uty infra.)
ACCOUNT STAMP DUTY.
Personal property taken as a donation mortis
causa, or by inter vivos gift within tioelve
months of death, or gift ivhenever made of which
bona fide possession not immediately assumed
to exclusion of donor or benefit to him : Pro-
perty, the beneficial interest in which accrues
by survivorship : Property passing under volun-
tary settlement by loriting or otherwise, an
interest for life or an absolute power of revo-
cation being reserved to the settler where deceased
died on or after 1st June 1881 : Proceeds of a
policy on deceased's life to extent to which kept
up by him for donee where deceased died after
1st June 1889 — Such property is liable to
stamp duties at the like rates as charged on
inventories. (44 Vict. c. 12, § 38, and 52 Vict.
c 7, § 11.)
The duties are payable on an account, forms of
which and relative affidavit may be obtained
at the Inland Revenue Office (Legacy and
Succession Duty Department).
(See also Estate Duty, infra.')
ESTATE DUTY.
(52 Vict. c. 7, §§ 5, 6, 7, 8, and 9.)
(1.) Where an inventory of personal estate exhi-
bited after 1st June 1889, and value chargeable
with duty exceeds £10,000. (2.) Where value
in an account under 44 Vict. c. 12, § 38, deli-
vered after 1st June 1889, exceeds £10,000.
(3.) Where an additional inventory exhibited
— (a.) if value in former inventory under 44
Vict. c. 12, § 27, exhibited after 1st June 1889,
exceeded £10,000; (5.) if value in former in-
ventory exhibited after 1st June 1889 do not
exceed £10,000, but with value in additional
inventory exceeds that sum. (4.) Where value
of any succession under Succession Duty Acts
on a death on or after 1st June 1889 exceeds
£10,000, and where value of any succession to
heritable property under will or intestacy,
together with the value of any other benefit
taken by the successor under such will or in-
testacy, exceeds £10,000. In each case duly
stamped statement of value or further value to
be delivered. Duty, £1 on each £100 or frac-
tion thereof.
LEGACY DUTY.
Legacies, Annuities, Residues, etc.
To children or their descendants, Duty per ct.
or lineal ancestors, . . .£100
By 44 Vict. c. 12, § 41, this duty
not payable where the estate is
included in an inventory or ac-
count under § 38, on which in-
ventory duty paid.
Duty per ct.
Brother or sister, or descendants, . £3 U
Uncle or aunt, or their descendants, 5
Grand uncle or aunt, or their de-
scendants, . . . .600
All other relations or strangers, . 10
The husband or wife of the deceased is not
chargeable with duty. If the legatee's husband
or wife is of nearer consanguinity than the
legatee, duty is payable according to such nearer
relationship. (16 & 17 Vict. c. 51, § 11.)
This duty is payable for every legacy out of the
personal or moveable estate, or out of any per-
sonal estate the deceased has power to dispose
of, and(i« the case of a deceased dying before 1st
July 1888) upon every legacy out of or charged
upon the real or heritable estate of the deceased,
or out of any moneys to arise by the sale,
mortgage, or other disposition of the deceased's
real or heritable estate, or any part thereof, or
out of heritable estate, subject to his power of
disposal : Also for the clear residue (after de-
ducting debts, funeral expenses, legacies, and
other charges first payable thereout) of the
personal or moveable estate, whether the title to
such residue shall accrue by virtue of any testa-
mentary disposition, or upon a partial or total
intestacy; and (in case of a deceased dying
before 1st July 1888) for the clear residue of the
moneys to arise from the sale, mortgage, or other
disposition of any real or heritable estate,
directed to be sold, mortgaged, or otherwise dis-
posed of by any will or testamentary instrument.
Such duties, in respect of real or heritable
estate, to cease in the case of persons dying on
or after the 1st July 1888, and in lieu thereof
the duties payable under the Succession Duty
Act, 1853, and the additional duty under the
Act 51 Vict. c. 8, shall be payable). (51 Vict.
c.8,§21(2).)
Annuities commencing to be payable on the
death of persons dying after 19th May 1853
are valued for legacy duty according to tables
annexed to the Succession Duty Act (16 and
17 Vict. c. 51) ; annuities commencing to be
payable previous to that date, by the tables
annexed to the Legacy Duty Act (36 Geo. in.
c. 52).
Where the testator or intestate died before 1st
June 1881, duty is not exigible on legacies or
residues under £20; but if a legatee take two
or more legacies under any testament, which
shall together be of the amount of £20, each
shall be charged with duty, though each or
either may be separately under that amount.
See 44 Vict. c. 12, § 42. Also, where the value of
the whole of the personal estate of any person
dying after 24th March 1880 does not amount
to £100, no duty shall be chargeable in respect
thereof, or of any portion thereof. (43 Vict, c.
14, §13.)
The legacy duty presumptively payable upon an
interest in expectancy may be commuted for
a present payment. (43 Vict c. 14, § 11.)
The Commissioners of Inland Revenue have
power to accept a composition for legacy duty
under a will. (44 Vict. c. 12, § 43.)
Duty on legacies and residues in arrear — inte-
rest thereon at the rate of 4 per cent, is pay-
able. (31 and 32 Vict. c. 124, § 9.)
Where a full and true account containing all
material facts has been rendered, liability for
duty to cease after six years from settlement
of account. (52 Vict. c. 7, § 14.)
Estates not exceeding £300, and deceased dying
on or after 1st June 1881 — payment of fixed