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Executor is, to the best of his knowledge and
belief, to specify in appropriate accounts annexed to
the inventory (Form A 1) all the property in respect
of which duty is payable upon the death of deceased
whether he is or is not accountable for the duty there-
on. He shall not be liable for duty in excess of
assets received by him, or which, but for his neglect
or default, he might have received.
Settled property having paid Estate duty will be
exempt from further payment of that duty during
the continuance of the settlement, but in consider-
ation of that exemption will pay an additional Estate
duty of one per cent. But that additional duty is
not to be paid where the only life interest is that of
the deceased's wife or husband. The Estate duty on
real property will be paid by eight yearly instalments,
with interest at three per cent, from the date of the
delivery of the account.
Legacies, Annuities, Residues, <fc.
To children or their descendants, or lineal per"c«it.
ancestors, - - - - -jEIO
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 inventory duty paid.
Brother or sister, or their descendants, - £3
Uncle or aunt, or their descendants, - 5
Grand uncle or aunt, or their descendants, 6
All other relations or strangers, - - 10 P
The husband or wife of the deceased is not charge-
able with duty. If the legatee's husband or wife is
of nearer consanguinity than the legatee, duty is pay-
able according to such nearer relationship. (16 and
17 Vict. c. 51, § 11.)
This duty is payable for every legacy out of the per-
sonal or movable estate, or out of any personal estate
the deceased has power to dispose of ; and (in 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 deducting
debts, funeral expenses, legacies, and other charges
first payable thereout) of the personal or movable
estate, whether the title to such residue shall accrue
by virtue of any testamentary disposition, or upon a
partial or total intestacy, and (in the case of a de-
ceased dying before 1st July, 1888) for the clear
residue of the moneys to arise from the sale, mort-
gage, or other disposition of any real or heritable
estate directed to be sold, mortgaged, or otherwise
disposed 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 1st
July, 1888, and in lieu thereof the duties payable
under the Succession Duty Act, 1853, and the addi-
tional duty under the Act 61 Vict. c. 8 shall be
â– payable (51 Vict. &. 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 Snc-
ces,sion 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 re-
spect thereof, or of any portion thereof (43 Vict c.
14, § 13).
The legacy duty presumptively payable npon an
interest in expectancy may be commuted for a pre-
sent payment (ib. § 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 arrears, interest
thereon at the rate of 4 per cent, is payable (31
and 32 Vict. c. 124, § 9).
Where a full and trae account containing all ma-
terial 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 duty of
30s. on inventory to be in full of claim to legacy duty
on estate to which such inventory relates (44 Vict. c.
12, § 36).
Printed forms and regulations for payment of the
legacy duty may be obtained gratis, on application at
Legacy Duty Office, Inland Revenue, Edinburgh; and
at the offices of distributors of stamps in the country.
(16 and 17 Vict. c. 51; 51 Vict. c. 8, §§ 21 and 22;
52 Vict. c. 7, §§ 10-12, 14, and 15 ; and 57 and
68 Vict. c. 30.)
The duty commenced on the death of persons
dying after the 19th May, 1853, and seems to be
imposed on all property, both heritable and movable,
passing by death, not liable to the duty on legacies
and successions to personal estate upon intestacy —
the duty imposed by the Legacy Duty Acts.
The duty on Heritable Property is charged
on the annual value, after allowance of the necessary
outgoings (§ 22), as an annuity for the life of the
successor (§ 21), which is to be valued by tables
annexed to Act.
Personal Property is liable to duty according to
the value of the succession ; and money charged on
heritage — heritable securities — is charged as per-
sonalty (§ 1).
KATES of succession DUTY. '
1. Successions to property, on which Account duty
under 44 Vict. c. 12, § 38, or estate duty under 57
and 68 Vict. c. 30, and Leaseholds; also any suc-
cession by a death before 1st July, 1888, same rates
as under the Legacy Duty Acts, supra.
2. In other cases, lineal issue or lineal ancestor oj
the predecessor, £1 10s. per cent.
Note. — No succession duty payable by lineal issue;
&c., where the estate has paid Account duty, undei
44 Vict. c. 12, see § 41, or estate duty, under 57 andi
58 Vict, c 30.

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