personal estate in Scotland [England and Ireland, as the case may be] is required in favour of the deponent.-All which is truth, as the deponent shall answer to God. 171. Duty on Inventories not exceeding £300.-No duty is chargeable on estates under £100; and where the estate exceeds this sum and does not exceed £300, the duty is 30s. The payment of this duty relieves from legacy or succession duty.(w) If it should be discovered after the inventory has been given up that the value of the estate exceeded £300, "then a sum equal to the stamp duty payable on an affidavit or inventory in respect of the true value of such estate and effects shall be a debt due to Her Majesty from the person acting in the administration of such estate and effects, and no allowance shall be made in respect of the sums deposited or paid by him, nor shall the relief afforded from legacy or succession duty be claimed or allowed by reason of the deposit or payment of any sum."(a) 172. Giving up Additional Inventory.-If at any subsequent period in the management of the executry, other property belonging to the deceased is discovered, inferring payment of further duty, the Revenue Statutes require that the executor shall, within two calendar months after such discovery, exhibit upon oath an Additional Inventory specifying such property, and specifying also the amount or value of the estate and effects of the same person comprised in the former Inventory.(y) The property in the Additional Inventory must also be sworn to according to the value at the date when the Inventory is given up, including the proceeds that have accrued thereon. It is sufficient that the stamp duty paid on the original and additional Inventory be of the amount corresponding to the total estate.(z) If the total estate, original and additional, would not have required a larger stamp than that originally paid, the additional may be given upon unstamped foolscap paper. (a) If the original inventory has been recorded before 1st June, 1881, the stamp duty to which it is liable is the stamp duty exigible previous to the Act of that year.(b) 173. Form of Additional Inventory.-The following is the form prescribed by the Inland Revenue Office : (w) 44 Vict. c. 12, § 36. (x) 44 Vict. c. 12, § 35. (y) 48 Geo. III. c. 149, §§ 38, 40. (z) 16 & 17 Vict. c. 59, § 8. (a) 55 Geo. III. c. 184; Bell's Lect. 1040. (b) 44 Vict. c. 12, § 27. Additional Inventory of the Personal Estate, wheresoever situated (and of Money secured on Heritable Property in Scotland, and of Money secured by Scotch Bonds, &c., excluding executors), of [name and designation of the deceased], who died at Amount of the Estate given up in the Inventory on the day of 18 1. Value of the Stock of Wood given £ 8. d. up in the Inventory Interest and proceeds on ditto to date of oath 2. Debt due on Open Account by valued in the Original £ s. Id. Additional Inventory Note. The deceased's books did not show the £ Note. Inventory Duty on the total Personal 174. Form of Oath to Additional Inventory.-The following is the form prescribed by the Inland Revenue Office :— In presence of (c) At the day of One thousand eight hundred and Appeared (name and designation), one of the executors nominated by the said deceased (or executor-dative qua of the deceased), who being solemnly sworn and examined, depones, That the foregoing is an additional inventory of the personal estate of the said deceased, as ascertained and discovered since the day of when the original inventory of the deceased's estate was recorded in the books of the Commissary Court of the Commissariot of That the deponent has not discovered any other estate or effects belonging to the deceased. That the said inventory, which is signed as relative hereto, is a full and true inventory of all the personal or moveable estate or effects of the said deceased wheresoever situated, already recovered, or known to be existing, belonging or due to him beneficially at the time of his death [and of all the money secured on heritage in Scotland, (d) and money secured on Scottish bonds, excluding executors, and money secured on Scottish bonds or other instruments, the rights to which have been taken excluding executors, belonging to the deceased, liable to the duty imposed by the Acts 23 Vict. c. 15, and 23 & 24 Vict. c. 80], in so far as the same has come to the deponent's knowledge [or that the deponent does not know of any money or property belonging to the deceased liable to the duty imposed by the Acts 23 Vict. c. 15, and 23 & 24 Vict. c. 80- -or that the money or property belonging to the deceased liable to the duty imposed by the Acts 23 Vict. c. 15, and 23 and 24 Vict. c. 80, is not accounted for in this inventory]. That the value at this date of the said personal estate and effects situated in the United Kingdom [and of the said money] including the proceeds accrued on the additional property given up in this inventory down to this date is pounds sterling, and under pounds sterling. (If confirmation shall be required, That confirmation of the said personal estate given up in this additional inventory, which amounts, with the proceeds accrued thereon down to this date, to sterling, and under of answer to God. pounds pounds sterling, is required in favour .) All which is truth, as the deponent shall 175. Giving up a Corrective Inventory.-If the estate as given up in the original inventory has been over-estimated, or if certain property has been improperly included in it, a corrective inventory should be exhibited upon oath in the Sheriff Court, setting forth the ascertained value of the property, and engrossed on a stamp corresponding to such ascertained value. The duty on the original inventory will be allowed on affidavit as a spoiled stamp, if lodged within six months from the recording of the corrective inventory.(e) 176. Form of Corrective Inventory. The following is the form prescribed by the Inland Revenue Commissioners :Corrective Inventory of the Personal Estate, wheresoever situated (and of Money secured on Heritable Property in Scotland,(ƒ) and of Money secured by Scotch Bonds &c., excluding executors), of (name and designation of the deceased), who died at day of 18 upon the Amount of the Estate given up in the Inventory recorded in the Commissary Court Books of day of 18 SCOTLAND. Effects over-estimated. on the £ s.d. Book Debts owing to the Deceased Among those debts was included, C. D., £200. . This debt was found to have been paid before the Deceased's death, therefore deduct Actual Value of Estate 200 0 0 177. Form of Oath to Corrective Inventory.-The form used in this is, with the exception of a slight alteration, the same as that used in exhibiting an additional inventory. It runs as follows: day of One thousand eight hundred and (e) 16 & 17 Vict. c. 59, § 8. securities. Appeared (name and designation) one of the executors nominated by the said deceased (or executor-dative qua of the deceased), who, being solemnly sworn and examined, depones, That the foregoing is a corrective inventory of the personal estate of the said deceased, as ascertained and discovered since the day of when the original inventory of the deceased's estate was recorded in the books of the Commissary Court of the Commissariot of That the deponent has not discovered any other estate or effects belonging to the deceased. That the said inventory, which is signed as relative hereto, is a full and true inventory of all the personal or moveable estate or effects of the said deceased wheresoever situated, already recovered, or known to be existing, belonging or due to him beneficially at the time of his death [and of all the money secured on heritage in Scotland, and money secured on Scottish bonds, excluding executors, and money secured on Scottish bonds or other instruments, the rights to which have been taken excluding executors, belonging to the deceased, liable to the duty imposed by the Acts 23 Vict. c. 15, and 23 & 24 Vict. c. 80], in so far as the same has come to the deponent's knowledge [or that the deponent does not know of any money or property belonging to the deceased liable to the duty imposed by the Acts 23 Vict. c. 15, & 23 and 24 Vict. c. 80-or that the money or property belonging to the deceased liable to the duty imposed by the Acts 23 Vict. c. 15, and 23 & 24 Vict. c. 80, is not accounted for in this inventory]. That the value at this date of the said personal estate and effects situated in the United Kingdom [and of the said money], is pounds sterling, and under pounds sterling. All which is truth, as the deponent shall answer to God. 178. What Property must be given up in an Account.The recent Customs and Inland Revenue Act(h) provides that all personal or moveable property of the following descriptions shall be included and delivered in an account, viz.— "(1) Any property taken as a donatio mortis causâ made by any person dying on or after the first day of June, one thousand eight hundred and eighty-one, or taken under a voluntary disposition, made by any person so dying, 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 bond fide made three months before the death of the deceased. (h) 44 Vict. c. 12, § 38. |