Succession Duty Act 1853

JurisdictionUK Non-devolved
Citation1853 c. 51
Anno Regni VICTORI, Britanniarum Regin, Decimo Sexto & Decimo Septimo. An Act for granting to Her Majesty Duties on Succession to Property, and for altering certain Provisions of the Acts charging Duties on Legacies and Shares of Personal Estates.

(16 & 17 Vict.) C A P. LI.

[4th August 1853]

Most Gracious Sovereign,

'WE, Your Majesty's most dutiful and loyal Subjects, the Commons of the United Kingdom ofGreat Britain and Ireland in Parliament assembled, towards raising the necessary Supplies for defraying Your Majesty's Public Expenses, and making a permanent Addition to the Public Revenue, have freely and voluntarily resolved to grant unto Your Majesty the Duties herein-after mentioned; and do most humbly beseech Your Majesty that it may be enacted; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

S-I Interpretation of certain Terms in this Act.

I Interpretation of certain Terms in this Act.

I. In the Construction and for the Purposes of this Act,

The Term ‘Real Property’ shall include all Freehold, Copyhold, Customary, Leasehold, and other Hereditaments, and Heritable Property, whether corporeal or incorporeal, inGreat 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 inScotland , 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.

S-II What Dispositions and Devolutions of Propertyshall confer Successions.

II What Dispositions and Devolutions of Propertyshall confer Successions.

II. Every past or future Disposition of Property, by reason whereof any Person has or shall become beneficially entitled to any Property or the Income 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 Personentitled by reason of any such Disposition or Devolution a ‘Succession;’ and the Term ‘Successor’ shall denote the Person so entitled; and the Term ‘Predecessor’ shall denote Settlor, Disponer, Testator, Obligor, Ancestor, or other Person from whom the Interest of the Successor is or shall be derived.

S-III Joint Tenants taking by Survivorship to be deemedSuccessors.

III Joint Tenants taking by Survivorship to be deemedSuccessors.

III. Where any Person shall, at or after the Time appointed for the Commencement of this Act, have any Property vested in them jointly, by any Title not conferring on them a Succession, any beneficial Interest 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 teen derived.

S-IV General Powers of Appointment to confer Successions.

IV 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; 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.

S-V Extinction of determinable Charges to confer Successions.

V Extinction of determinable Charges to confer Successions.

V. Where any Property shall at or after the Time appointed for the Commencement of this Act be subject to any Charge, Estate, or Interest, determinable by 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.

S-VI Persons now beneficially entitled to Real Propertysubject to Leases for Life, not liable to Duty.

VI Persons now beneficially entitled to Real Propertysubject to Leases for Life, not liable to Duty.

VI. Provided that no Person entitled, at the Time appointed for the Commencement of this Act, to the immediate Reversion in any Real Property expectant upon the Determination of any Lease for Life or for Years determinable on Life, shall be chargeable with Duty in respect of such Determination, in the event of the same occurring in his Lifetime.

S-VII Dispositions accompanied by the Reservation of aBenefit to the Grantor, &c. to confer Successions.

VII Dispositions accompanied by the Reservation of aBenefit to the Grantor, &c. to confer Successions.

VII. Where any Disposition of Property, not being abon fide Sale, and not conferring an Interest expectant on Death on the Person in whose Favour the same shall be made, shall be accompanied by the Reservation or Assurance of or Contract for any Benefit to the Grantor, or any other Person, for any Term of Life or for any Period ascertainable only by reference to Death, such Disposition shall be deemed to confer at the Time appointed for the Determination of such Benefit an Increase of beneficial Interest in such Property, as a Succession equal in annual Value to the yearly Amount or yearly Value of the Benefit so reserved, assured, or contracted for, on the Person in whose Favour such Disposition shall be made.

S-VIII Dispositions to take effect at Periods dependingon Death, or made for evading Duty, to confer Successions.

VIII Dispositions to take effect at Periods dependingon Death, or made for evading Duty, to confer Successions.

VIII. Where any Disposition of Property shall be made to take effect at a Period ascertainable only by reference to the Date of the Death of any Person dying after the Time appointed for the Commencement of this Act, such Disposition shall be deemed to confer a Succession on the Person in whose Favour the same shall be made; and where any Disposition of Property shall purport to take effect presently, or under such Circumstances as not to confer a Succession, but by the Effect or in consequence of any Engagement, secret Trust, or Arrangement capable of being enforced in a Court of Law or Equity, the beneficial Ownership of such Property shall notbon fide pass according to such Disposition, but shall in fact devolve to any Person on Death, or at some Period ascertainable only by reference to Death, then such last-mentioned Person shall be deemed to acquire the Property so passing as a Succession derived from the Person making the Disposition as the Predecessor; and where any Court of competent Jurisdiction shall declare any Disposition to have been fraudulent and made for the Purpose of evading the Duty imposed by this Act, it shall be lawful for such Court to declare a Succession to have been conferred on such Person at such Time and to such an Extent as such Court shall think just; and such last-mentioned Person shall be deemed to have taken a Succession accordingly derived from the Person making such Disposition as Predecessor.

S-IX Duties to be under the Care and Management of theCommissioners of Inland Revenue.

IX Duties to be under the Care and Management of theCommissioners of Inland Revenue.

IX. The Duties herein-after imposed shall be considered as Stamp Duties, and shall be under the Care and Management of the Commissioners of Inland Revenue, herein-after called ‘The Commissioners;’ who, by themselves and their Officers, shall have the same Powers and Authorities for the Collection, Recovery, and Management thereof, as are...

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