APPENDIX. THE SUCCESSION DUTY ACT, 1853. 16 & 17 VICTORIA, CAP. 51. An Act for granting to her Majesty Duties on Most Gracious Sovereign, Interpretation. I. In the construction and for the purposes of this act, The term " real property tain terms in What dispositions and devolutions whether corporeal or incorporeal, in Great Britain and Ireland, except money secured on heritable property in Scotland, and all estates in any such hereditaments : The term "personal property "shall not include leaseholds, but shall include money payable under any engagement, and money secured on heritable property in Scotland, and all other property not comprised in the preceding definition of real property: The term "property" alone shall include real property and personal property: The term "succession" shall denote any property chargeable with duty under this act: The term "trustee" shall include an executor and administrator, and any person having or taking on himself the administration of property affected by any express or implied trust: The term "person" shall include a body corporate, company and society: The term "Legacy Duty Acts" shall denote the acts now in force for charging duties on legacies and shares of the personal estates of deceased persons (a). Description of Successions to be charged with Duty. II. Every past or future disposition of property, by reason whereof any person has or shall become of property beneficially entitled to any property or the income shall confer successions. (a) The Legacy Duty Acts for Great Britain are the 36 Geo. 3, c. 52, ante, pp. 84-122; 39 Geo. 3, c. 73, ante, p. 83; 42 Geo. 3, c. 99, s. 2, post, p. 276, s. 3, ante, p. 17; 45 Geo. 3, c. 28, ante, pp. 123–125; 55 Geo. 3, c. 184, by which the present rates of legacy duty are imposed, ante, pp. 80-83; 8 & 9 Vict. c. 76, s. 4, ante, pp. 125–127. The Legacy Duty Acts for Ireland are 54 Geo. 3, c. 92; 56 Geo. 3, c. 56; 5 & 6 Vict. c. 82, ss. 37, 38, 39; 8 & 9 Vict. c. 76, s. 4, pp. 125–127. In all acts words importing the masculine gender shall be deemed and taken to include females, and the singular to include the plural, and the plural the singular, unless the contrary as to gender or number is expressly provided. 13 & 14 Vict. c. 21, s. 4. thereof upon the death of any person dying after the time appointed for the commencement of this act, either immediately or after any interval, either certainly or contingently, and either originally or by way of substitutive limitation, and every devolution by law of any beneficial interest in property, or the income thereof, upon the death of any person dying after the time appointed for the commencement of this act, to any other person, in possession or expectancy, shall be deemed to have conferred or to confer on the person entitled by reason of any such disposition or devolution a succession;" and the Definition of " shall denote the person so ensuccessor titled; and the term "predecessor" shall denote the "predecessettlor, disponer, testator, obligor, ancestor or other person from whom the interest of the successor is or shall be derived. term 66 66 the terms sor." III. Where any person shall, at or after the time Joint tenants appointed for the commencement of this act, have taking by survivorship any property vested in them jointly, by any title not to be deemed conferring on them a succession, any beneficial in- successors. terest in such property accruing to any of them by survivorship shall be deemed to be a succession; and every person to whom any such interest shall accrue shall be deemed to be the successor; and the person upon whose death such accruer shall take place shall be deemed to be the predecessor; and where any persons after the time appointed for the commencement of this act shall take any succession jointly, they shall pay the duty, if any, chargeable thereon by this act in proportion to their respective interests in the succession; and any beneficial interest in such succession, accruing to any of them by survivorship, shall be deemed to be a new succession, derived from the predecessor from whom the joint title shall have been derived (b). (b) See 36 Geo. 3, c. 52, s. 16; ante, p. 97. The following example may be given under the first part of this section. An estate is conveyed for a valuable consideration to A., B. and C. as joint tenants in fee, which conveyance does not constitute a succession in the first instance. A. dies after the 19th May, 1853, without having severed the joint tenancy, whereupon his one-third part or share accrues to B. and C., who General powers of appointment to confer successions. IV. Where any person shall have a general power of appointment, under any disposition of property taking effect upon the death of any person dying after the time appointed for the commencement of this act, over property, he shall, in the event of his making any appointment thereunder, be deemed to be entitled, at the time of his exercising such power, to the property or interest thereby appointed as a succession derived from the donor of the power (c); and where any person shall have a limited power of appointment, under a disposition taking effect, upon any such death, over property, any person taking any property by the exercise of such power shall be deemed to take the same as a succession derived from the person creating the power as predecessor (d). will be liable to succession duty in respect of it, and A. will be deemed the predecessor. Under the second branch of this section, an estate is devised after 19th May, 1853, by A. to B., C. and D. in fee. B. dies without having severed the joint tenancy, whereupon his share survives to C. and D., who become liable to succession duty in respect of it, but in this case, A., the testator, is to be deemed the predecessor. (c) See post, s. 33. (d) See 36 Geo. 3, c. 52, s. 18, ante, p. 99; and 8 & 9 Vict. c. 76, s. 4, ante, pp. 125-127, as to legacy duty on legacies subject to powers of appointment. The following example occurs under this section:- An estate is settled by A. on B. for life, remainder to such uses generally as B. shall by deed appoint, and he appoints the estate to himself in fee. Upon the execution of this appointment, B. is deemed to have become entitled to the property as a succession derived from A., the donor of the power, and will be liable to succession duty; but if B., at the time of making the appointment, shall have already paid any duty in respect of his life estate, he will be allowed to deduct it from the duty payable under the appointment, ante, p. 219. Under the second branch of this section, if property is settled by A. on B. for life, with remainder to such one or more of the children of B. as he shall appoint, and he appoints in favour of his children, in this case the children are considered as the successors and liable to the duty. It may be contended, that the latter part of this section does not take away the exemption from legacy duty in the case of an appointment by will of a sum of money which, by any marriage settlement, is subject to any limited power of appointment in favour of specified objects. See section 18, charges to cessions. V. Where any property shall at or after the time Extinction of appointed for the commencement of this act be sub- determinable ject to any charge, estate, or interest, determinable confer sucby the death of any person, or at any period ascertainable only by reference to death, the increase of benefit accruing to any person or persons upon the extinction or determination of such charge, estate or interest shall be deemed to be a succession accruing to the person, or the persons if more than one, then entitled beneficially to the property or the income thereof, according to his or their respective estates or interests therein, or beneficial enjoyment thereof; and the person or persons from whom such successor or successors respectively shall have derived title to the property so charged shall be deemed to be the predecessor or predecessors, as the case may be (e). VI. Provided that no person entitled, at the time Persons now appointed for the commencement of this act, to the beneficially At entitled to real property subject to post, p. 259; 8 & 9 Vict. c. 76, s. 4, ante, pp. 125-127; leases for life, not liable to duty. |