but an exemplification of the same principle upon which the full duty is charged on reversionary interests when they fall in, if not discharged before.

The same equitable mode of charge, it will be hereafter noticed, runs through all the legacy and succession duty calculations. Thus, if we wish to pay on a reversionary interest, to wind up the estate, we deduct the value of the life interest from the capital, and pay on the balance only. But, on the other hand, if we defer the payment of duty for an unreasonable time, we must calculate interest upon the principal, and then pay duty thereon, as well as upon the corpus.

CHAPTER VII.

SHOWS THE AMOUNT OF DUTY PAYABLE ON PROBATES AND ADMINISTRATIONS, ACCORDING TO THE VALUE OF THE PROPERTY A TESTATOR OR AN INTESTATE MAY DIE POSSESSED of.

IN the preceding chapter we have attempted to indicate, as clearly as the subject will admit, some of the various British, Foreign, and Colonial assets and other property upon which probate duty attaches; and the same remarks equally apply to administrations. The object of the present chapter is to denote the amount imposed upon every estate, whatever may be its magnitude; and it will be observed that, incorporated with the scale of duties, are remarks applicable to Ireland and Scotland.

Not wishing to be accused of plagiarism, we candidly admit that the remainder of this chapter forms part of "A Table of Stamp Duties," issued by authority of the Board of Inland Revenue; and at the end of the tables is appended an intimation by the Board that such tables form a portion of a treatise on the Stamp Law, by Hugh Tilsley, Esq., late Assistant-Solicitor of Inland Revenue.

The following is the table referred to in the heading of this chapter :

DUTIES on PROBATES of Wills and Letters of ADMINISTRATION; on CONFIRMATIONS of Testaments, testamentary and dative; on INVENTORIES to be exhibited in the Commissary Courts in Scotland.

PROBATE of a will and letter of administration with a will annexed to be granted in England or Ireland;

Scale of Probate Duty.

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CONFIRMATION of any testament testamentary, or eik thereto, to be expended in any Commissary Court in Scotland, where the deceased shall have died before or upon the 10th day of October 1808, and subsequent to the 10th day of October 1804; INVENTORY to be exhibited and recorded in any Commissary Court in Scotland of the estate and effects of any person deceased who shall have died after the 10th day of October 1808, and have left any testament or testamentary disposition of his or her personal or moveable estate and effects, or any part thereof; Where the estate and effects for or in respect of which such probate, letters of administration, confirmation, or eik respectively, shall be granted or expeded, or whereof such 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 or persons and not beneficially [but including, where the deceased shall have died, on or after the 3d April 1860, all personal or moveable estate and effects disposed of by his will, under any authority enabling him to dispose of the same as he shall think fit; and also money secured on heritable property in Scotland, and money secured by Scottish bonds and other instruments excluding executors, 23 Vict. c. 15, s. 4, 6, 23 & 24 Vict. c. 80], shall be

above the value of £100 and under the value of £200

Duty.

above the value of £45,000 and under the value of £50,000

675

750

LETTERS of ADMINISTRATION, without a will annexed, to be

granted in England or Ireland;

CONFIRMATION of any TESTAMENT dative, to be expeded in any Commissary Court in Scotland, where the deceased shall have died before or upon the 10th day of October 1808, and subsequent to the 10th day of October 1804; INVENTORY to be exhibited and recorded in any Commissary Court in Scotland of the estate and effects of any person deceased who shall have died after the 10th day of October 1808, with out leaving any testament or testamentary disposition of his or her personal or moveable estate or effects, or any part thereof; Where the estate and effects for or in respect of which such letters of administration or confirmation respectively shall be granted or expeded, or whereof such inventory shall be exhibited and recorded, exclusive of what the deceased shall have been possessed or entitled to as a trustee for any other person or persons, and not beneficially [but including, where the deceased shall have died, on or after the 3d April 1860, money secured on heritable property in Scotland, and money secured by Scottish bonds and other instru

ments excluding executors, or the rights to which shall be taken excluding executors, 23 Vict. c. 15, s. 6, 23 & 24 Vict. c. 80], shall be—

above the value of £20,* and under the value of £50

Duty.

IOS.

It will be seen by the "Exemptions" on the next page, that the estates of persons dying after the passing of the Act 27 & 28 Vict. c. 56, under the value of £100, are not liable to duty.

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Exemption from Duty.

Duty.

above the value of £400,000, under the value of £500,000 £9,000

And where the value shall amount to £1,000,000,

or upwards, then for every £100,000 of the
whole value of the estate and effects, and any
fractional part of £100,000,

22 & 23 Vict. c. 36.

Exemptions from all Stamp Duties.

20,250

£2,250

Probate of will, letters of administration, confirmation of testament and eik thereto, and inventory of the effects of any common seaman, marine, or soldier who shall be slain or die in the service of Her Majesty, her heirs, or successors. Additional inventory to be exhibited and recorded in any Commissary Court in Scotland, where the same shall not be liable to a duty of greater amount than the duty already paid upon any former inventory exhibited and recorded of the estate and effects of the same person.

Probate of the will and letters of administration to the estate and effects of any deceased depositor in any savings bank, where the whole of his estate and effects shall not exceed the value of £50. 9 Geo. IV. c. 92, s. 40, and 26 & 27 Vict. c. 87. Probates, letters of administration, and inventories, in any case where the whole estate and effects of the deceased person dying after the passing of the Act (exclusive of what he shall have been possessed of or entitled to as a trustee for any other person or persons, and not beneficially), shall be sworn not to exceed, and shall not actually exceed, in value the sum of £100. 27 & 28 Vict. c. 56.

CHAPTER VIII.

CONTAINS THE FORM OF A WILL, INSERTED WITH THE SPECIAL OBJECT OF FURTHER EXPLAINING WHAT SHOULD, AND WHAT SHOULD NOT, BE INCLUDED IN THE PROBATE STAMP.

IN the second part of this book, when we describe how the various legacy receipts should be framed, and the mode in which the residuary account should be prepared, several specimens of wills will be found.