A.D. 1901.]
STAMPS.
[No. 16.
969
be responsible for such loss or damage, unless he has caused it wilfully, fraudulently, or by gross negligence.
(1)
Probate Duty:
18.—(In the case of any person dying after the commencement of this Ordinance, the petition of any person applying for probate of the will, or letters of administration, with or without the will annexed, of the estate, of the deceased person shall include or have annexed thereto a list or schedule of
(a.) any property taken as a donatio mortis causâ made by the deceased person, or taken under a disposition made by the deceased person purporting to operate as an immediate gift inter vivos, whether by way of conveyance, assignment, transfer, delivery, declaration of trust, or otherwise, which has not been bona fide made twelve months before the death of the deceased person, or taken under any gift, whenever made, under which the donee has not assumed bona fide possession and enjoyment immediately upon the gift and thenceforward has retained the same, to the entire exclusion of the donor or of any benefit to him by contract or otherwise;
(b.) any property which the deceased person, having been absolutely entitled thereto, has, without valuable consideration, caused to be transferred to or vested in himself and any other person jointly, whether by disposition or otherwise, so that the beneficial interest therein or in some part thereof passes or accrues by survivorship on his death to such other person; and
(c.) any property passing under any past or future settlement made, without valuable consideration, by the deceased person, by deed or any other instrument not taking effect as a will, whereby an interest in such property for life or any other period determinable by reference to death is reserved, either expressly or by implication to the settlor, or whereby the settlor may have reserved to himself the right, by the exercise of any power, to restore to himself or to reclaim the absolute interest in such property; and
and probate duty shall be payable in respect of all such property included in such list or schedule in the same manner as if such property formed part of the estate and effects of the deceased person for or in respect of which such probate or letters of administration is or are granted.
(3) A covenant to pay any Crown rent and observe and perform any conditions or covenants contained in any Crown lease shall not be deemed to be valuable consideration within the meaning of this section.
A covenant by the transferee in any disposition of an equity of redemption in mortgaged property to pay the mortgage debt and interest
Ord. 34/11 §11
Liability of mortis causâ and certain other gifts and dispositions of property to probate duty: c. 12 s. 38 (2.).
44 & 46 Vict.
Deleted by Ord. 34/11 §10 (1) and 34/11 §10 (11)
Ord. 34/11 §11