ESTATE DUTY

CHAPTER 43:02
ESTATE DUTY

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

Commissioners

    3.    Constitution of Board of Commissioners

Charge of Estate Duty

    4.    Charge of estate duty

    5.    What property is included in an estate

    6.    Interest on estate duty

Exemption from Estate Duty

    7.    Power to remit estate duty where death is caused by operations of war

    8.    Remission of estate duty in case of property passing more than once owing to deaths caused by operations of war

    9.    Reduction of rate for quick successions

Aggregation of Estate

    10.    (1) Aggregation of deceased’s property to determine rate of duty

        (2) Marginal relief

Principles for Determining Value of Estate

    11.    Principles for determining value of estate

    12.    Allowance for debts

Liabilities of Executors or Beneficiaries

    13.    Executor to ascertain value of estate, and to make affidavit

    14.    Duty to be paid on delivery of estate duty affidavit

    15.    Liability of executor for duty

    16.    Liability of beneficiaries and trustees

    17.    Estate duty when deemed to be in arrear

    18.    Power to permit postponement of payment

    19.    Power for person liable to raise duty by sale or mortgage

    20.    Estate duty to be borne by beneficiaries rateably

    21.    Executors and persons having possession of estate to produce documents and attend for examination if required

Valuation and Assessment by Commissioners

    22.    Valuation by Commissioners

    23.    Assessment by Commissioners

    24.    Refund of overpaid duty

Appeals Against Assessments, etc., of Commissioners

    25.    Appeals against assessments, etc.

Recovery of Estate Duty

    26.    Recovery of estate duty by civil suit

    27.    Summary recovery of estate duty

    28.    Stay of execution pending appeal

    29.    Estate duty a charge on deceased’s estate

Certificates of Discharge and Compositions

    30.    Certificate of discharge from estate duty

    31.    Power to accept composition for estate duty

Fixed Duty on Small Estates

    32.    Option to pay fixed duties on estates not exceeding £500

Miscellaneous Provisions

    33.    No grant of representation to be made without certificate of Commissioners

    34.    Duty of court administering estate to direct payment of duty

    35.    Service of notices

    36.    Proof of Commissioner’s acts

    37.    Affidavit to be free of stamp duty

    38.    Exception as to property in the United Kingdom and Commonwealth countries

    39.    Arrangements for relief from double estate duty

    40.    Power to make Regulations

    41.    General penalty

        SCHEDULE

6 of 1946
15 of 1950
37 of 1950
17 of 1952
26 of 1952
18 of 1956
37 of 1967
1 of 1969
23 of 1969
15 of 1997
18 of 1997
1 of 2016
G.N. 22/1963
219/1964(N)

    An Act to provide for duties on estates of deceased persons

1.    Short title

    This Act may be cited as the Estate Duty Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    ‘‘Commissioners’’ means the Estate Duty Commissioners;

    ‘‘deceased person’’ and ‘‘the deceased’’ means a person dying after the commencement of this Act;

    ‘‘estate duty’’ means estate duty under this Act;

    ‘‘estate duty affidavit’’ means an affidavit made or required under this Act and shall include any inventory or account of property with or without a valuation thereof with reference to which such an affidavit is made or required;

    ‘‘executor’’ means the executor or administrator of a deceased person and includes, as regards any obligations under this Act, any person who takes possession of or intermeddles with the property of a deceased person;

    ‘‘incumbrances’’ includes mortgages and terminable charges;

    ‘‘property’’ includes immovable and real property and movable and personal property and the proceeds of sale thereof respectively and any money or investment for the time being representing the proceeds of sale, and an undivided share in any property held jointly or in common with any other person;

    ‘‘representation’’ means probate, letters of administration, confirmation, or other instrument appointing a person the executor, administrator, or other representative of the deceased or to administer any of his assets.

COMMISSIONERS

3.    Constitution of Board of Commissioners

    (1) There is hereby established a Board of Commissioners who shall administer this Act and collect estate duty.

    (2) The Board shall consist of the following members—

    (a)    the Attorney General who shall be Chairman of the Board;

    (b)    the Secretary to the Treasury;

    (c)    the Registrar General who shall be Secretary and executive officer of the Board;

    (d)    such other members as the Minister may, by notice published in the Gazette, appoint.

    (3) Two members of the Board shall constitute a quorum.

    (4) The Commissioners may sue and be sued by the name of ‘‘The Estate Duty Commissioners”.

    (5) The Secretary…