1964_ESTATE_DUTY_ORDINANCE — Page 12

1983 Ed.]

Estate Duty

[CAP. 111

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wise, the property shall not be deemed to pass on the death of the deceased if subsequently, by means of the surrender of the benefit reserved or otherwise, it is enjoyed to the entire exclusion of the deceased or such other person as aforesaid, and of any benefit to him by contract or otherwise, for a period of 3 years immediately preceding the death, or in the case of such purposes as are recognized by the Commissioner as public or charitable, one year immediately preceding the death:

Provided also that this paragraph shall not apply to any property the interest in which of the deceased or other person was only an interest as holder of an office or as recipient of the benefits of a charity or as a corporation sole; (Amended, 1 of 1959, s. 3)

(c) property taken as a donatio mortis causa made by the deceased or taken under a disposition made by him, purporting to operate as an immediate gift inter vivos, whether by way of transfer, delivery, declaration of trust, or otherwise, which shall not have been bona fide made 3 years before the death or in the case of a gift inter vivos made or effected for such purposes as may be recognized by the Commissioner as public or charitable, one year before the death, or taken under any gift, whenever made, of which property bona fide possession and enjoyment shall not have been assumed by the donee immediately upon the gift and thenceforward retained to the entire exclusion of the donor or of any benefit to him by contract or otherwise:

Provided that this paragraph shall not apply to gifts inter vivos which are made in consideration of marriage, or which are proved to the satisfaction of the Commissioner to have been part of the normal expenditure of the deceased, and to have been reasonable having regard to the amount of his income or to the circumstances, or which in the case of any donee do not exceed in the aggregate $50,000 in value or amount: (Amended, 28 of 1979, s. 2)

Provided also that where property taken under a disposition purporting to operate as an immediate gift inter vivos is deemed to be property passing on the death of the deceased by reason only that the property was not, as from the date of the disposition, retained to the entire exclusion of the deceased or a person who had an estate or interest limited to cease on the death of the deceased, and of any benefit to him by contract or otherwise, the property shall not be deemed to pass on the death of the deceased if subsequently, by means of the surrender of the benefit reserved or otherwise, it is enjoyed to the entire exclusion of the deceased or such other person as aforesaid, and of any benefit to him by contract or otherwise, for a period of 3 years immediately preceding the death or in the case of such purposes as are recognized by the Commissioner as public or charitable, one year immediately preceding the death.

1940 c. 29, s. 43(2)

& 1946 c. 64, s. 47.

1881 c. 12. s. 38(2); 1889 c. 7, s. II; 1894 c. 30. s. 2(1) & 1910 c. 8, s. 59.

1940 c. 29, s. 43(2) & 1946 c. 64. s. 47.

1946 c. 64, s. 47.

1939 c. 41. s. 31(2).