Death: Varying Dispositions, and Appropriations

Orders of the Day — Finance Bill – in the House of Commons at 12:30 am on 10th July 1985.

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Amendments made: No. 52, in page 84, line 10, at end insert—

  1. '(4A) Where on an intestacy property is appropriated by a personal representative in or towards satisfaction of any interest of a surviving husband or wife in the intestate's estate, stamp duty under the heading mentioned in subsection (1) above shall not be chargeable on an instrument giving effect to the appropriation.
  2. (4B) The reference in subsection (4A) above to an interest in the intestate's estate—
    1. (a) includes a reference to the capital value of a life interest which the surviving husband or wife has under the Intestates' Estates Act 1952 elected to have redeemed, and
    2. (b) in Scotland, includes a reference to prior rights (within the meaning of the Succession (Scotland) Act 1964) but, without prejudice to subsection (4C) below, not to such rights as are mentioned in that subsection.
  3. (4C) Where in Scotland, on an intestacy or otherwise, property is appropriated by a personal representative in or towards satisfaction of the right of a husband to jus relicti, of a wife to jus relictae or of issue to legitim, stamp duty under the heading mentioned in subsection (1) above shall not be chargeable on an instrument giving effect to the appropriation.'.

No. 53, in page 84, line 13, leave out 'or (4)' and insert ', (4), (4A) or (4C)'.

No. 54, in page 84, line 19, leave out 'This' and insert 'Subject to subsection (8) below, this'.

No. 55, in page 84, line 21, at end insert— '(8) Subsections (4A) to (4C) above and, so far as it relates to subsection (4A) or (4C), subsection (5) above apply to instruments executed on or after 1st August 1985.'.—[Mr. Ian Stewart.]