I. Of the Grant of Probate or Letters of Administra

II. The Amount of Probate and Administration Duty,
and the Description of Property liable thereto,
1. The Amount of Probate and Administration

Duty..

18

2. Of the Description of Property liable to Pro-
bate and Administration Duty

22

3. Of the Exemption of Trust Property

41

4. Provisions in favour of Savings Banks and
Friendly Societies

47

III. Of rectifying the Stamps on Probates and Letters of
Administration where too high or too little Duty
shall have been paid in the first instance
IV. Of obtaining a Return of Probate and Administra-
tion Duty on the ground of Debts of the De-
ceased

50

68

SECT.

III. Of the Liability of Personal Property situate out of

PAGE

CHAPTER IV.

OF THE SUCCESSION DUTY.

I. Of the Interests in Real and Personal Property

liable to Succession Duty ..

II. The Amount of Duty on Successions

III. Of Exemptions from Succession Duty

209

223

225

227

230

233

239

V. Special Provisions as to charging certain Interests

VI. How Personal Property is chargeable

VII. Proceedings for the Assessment of Real and Per-

sonal Property

VIII. Powers of the Commissioners to commute and com-

pound Duties, to receive in advance, and to re-

IX. Provisions for securing Payment of Succession Duty 243

APPENDIX.

THE SUCCESSION DUTY ACT, 1853.

16 & 17 VICT. c. 51.

An Act for granting to her Majesty Duties on Succession to Pro-

perty, and for altering certain Provisions of the Acts charging

Duties on Legacies and Shares of Personal Estates.

Preamble

247

I. Interpretation.

1. Interpretation of Act-Real Property-Personal Pro-

perty Property-Succession-Trustee-Person-

Legacy Duty Acts

247, 248

SECT.

II. Description of Successions to be charged with Duty.

2. What Dispositions and Devolutions of Property shall

confer Successions · - Definition of Successor,"

"Predecessor"

PAGE

248, 249

3. Joint Tenants taking by Survivorship to be deemed

Successors

4. General Powers of Appointment to confer Successions

5. Extinction of determinable Charges to confer Succes-

249

250

251

251

7. Dispositions accompanied by a Reservation of a Bene-

fit to the Grantor, &c. to confer Successions

8. Dispositions to take effect at Periods depending on

Death, or made for the Purpose of evading Duty, to

confer Successions

252

252

subject to Leases for Life not liable to Duty

III. Management and Grant of Duties.

9. Duties to be under the Care of the Commissioners of

Inland Revenue

253

10. Duties on Successions

254

11. Provision as to Married Persons chargeable with Suc-

cession or Legacy Duties

256

12. What Duties payable when the Successor is also Pre-

decessor

13. Provision as to Joint Predecessors

14. Duty on transmitted Successions

15. Duties payable in respect of transferred Interests

16. Succession subject to Trusts for Charitable or Public

Purposes chargeable with Duty

17. Provision for Life Policies and certain post obit bonds

18. Exemptions

19. Leasehold Estates not to be charged with Legacy
Duty as Personal Estate

20. Duties to be paid on the Successor becoming entitled

in possession; but in the Case of outstanding In-

terests, at the Determination thereof

IV. Provisions applicable to Real Property.

21. The Interest of a Successor in Real Property to be

25. Rule as to Property subject to beneficial Leases

26. Rule as to Manors, Mines, &c.

262

262

263

263

263

27. Duty payable by Corporations, &c. on taking Real

Estates..

264

264

264

28. Allowance for Fines, &c. paid by Successor

29. Real Property directed to be sold to be charged as

Personalty

V. Provisions respecting Personal Property.

30. Personal Property to be invested in Real Property,

how to be charged

31. Annuities under this Act and the Legacy Duty Acts to

be valued according to the Tables annexed to this

Act

32. Provisions as to the Assessment of Personalty

35. No Allowance to be made in respect of Contingent In-

cumbrances, unless they take effect..

268

36. The Duty on Successions to be calculated without re-

gard to Contingencies

37. Provision for Allowance or Return of Duty

38. Allowance to be made to Successor in respect of relin-

269

270

39. Power for Commissioners to compound Duties

40. Power of Commissioners to receive Duty in advance..

41. Power for Commissioners to commute future Duties 270

VIII. Provisions for securing Payment and Collection of Duties.

42. Duty to be a First Charge on Property

43. Provision for the separate Assessments of Properties 271

44. What Persons accountable for Duty

272

SECT.

45. Notice of Succession to be given to the Commissioners,

and a Return of the Property made

46. Penalty on not giving notices of Succession

47. Proceeding if Return not made..

PAGE

272

274

274

275

48. Power to enforce Returns from Executors and Admi-

nistrators

49. Accounting Party to verify his Account by Production

of Books and Documents, and Commissioners to

inspect Public Books without fee

50. Power of accountable Party to appeal

51. Duty to be entered by Commissioners in a book, and a

stamped Receipt to be given

52. Protection to bonâ fide Purchasers

53. Court in Suits for the Administration of Property to

The SCHEDULE to which the Succession Duty Act, 1853, refers.

TABLE I. The values of an Annuity of £100 per

Annum, held on a Single Life

TABLE II. The values of an Annuity of £100 per

Annum, held on the joint continuance

TABLE III.-The values of an Annuity of £100 per

Annum, for any number of Years, not

exceeding 95 years

RULES.

1. Rule for determining the value of an Annuity of £100

per Annum, held on the longest of Two Lives

2. Rule for determining the value of an Annuity of £100

per Annum, held on the joint continuance of Three

Lives

3. Rule for determining the value of an Annuity of £100

per Annum, held on the longest of Three Lives

TABLES published by Finlaison and Willich