Probate, and c, Duties Act 1881 (SA)

ANNO QUADRAGESIMO QUARTO ET QUADRAGESIMO QUINTO

VICTORIE REGIN&.

A.D. 1881.

No. 225.

An Act to amend ' l The Probate and Succession Duty

Act, 1876."

[Assented to, Novem6er r8th, 1881.1

HERE AS i t is expedient to amend " The Probate and Suc- Preamble.

W cession Duty Act, 1876," in manner hereinafter provided- Be it therefore Enacted by the Governor of the Province of South

Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parlia- ment assembled, as follows:

1. This Act, and "The Probate and Succession Duty Act, 1876," hereinafter referred to as the principal Act, shall be incorporated and read together as one Act.

Estates under %1,000

2. The probate duties imposed by the principal Act shall not exempted from duQ

hereafter be chargeable upon the property belonging to the estate	under principal Act.
of any deceased person, in any case where the whole value of such propeity, after didrioting the -debts of such deceased person, does not exceed the sum of One Thousand Pounds; nor shall succession duties be chargeable upon any portion of an estate of such value given to, or passing to, or for the benefit of the lawful children of such deceased person.

3. (1.) In every case where any executors, administrators, or the ~ ~ ~ ~ ~ ~ ~ P ' ~ ~

public trustee shall have become the registered proprietors land ~ t i l moewim

of, or has vested in them or him any land in respect whereof ~ ~ $ ~ $ ~ $ b @ -

any succession duty is payable, such executors or adminis- register dealinge until

trators, or public trustee shall not transfer or convey such pqmmt.

226 land

4 4 O & 45' VICTORIIE, No. 225.

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The h o b a t e and $uccessim Duty Act Amendment Act.-1881.

land to the person entitled thereto as devisee or otherwise, or in any other manner deal with the same until such

succession duty is duly paid.

(2.) The Registm-General shall refuse to register any transfer, or conveyance, or other instrument affecting any such land executed by such executors, administrators, or public trustee, unless there be endorsed on such transfer, or conveyance, or other instrument a certificate under the hand of the Commissioner of Inland Revenue or Registrar of Probates, as the case may be, that the succession duty payable in respect thereof has been duly paid, or that no succession duty is payable, the estate being exempt under clause 2 of this Act.

(3.) The Registrar-General shall not issue any certificate of title

to any person, for any estate of freehold in remainder, in respect whereof any succession duty shall thereafter be pay- able, until he shall receive a certificate from the Commissioner of Inland Revenue, or the Registrar of Probates, as the case may be, that such duty has been commuted under the fifty- fifth section of the principal Act, and the amount of duty assessed thereunder duly paid, or that no succession duty is payable, the estate being exempt under clause 2 of this Act.

(4.) It shall be the duty of the Commissioner of Inland Revenue or the Registrar of Probates, as the case may be, to give such certificates at the request of such executors, adminis- trators, or the public trustee, or any successor, at any time after payment of such duty.

(5.) The Registrar-General shall refuse to register any executor or administrator as proprietor of any beneficial estate or interest in land under the provisions of the Real Property

Act, 186 1," unless such executor or administrator produces to the Registrar-General a certificate under the hand of the

Commissioner of Inland Revenue or Registrar of Probatcs, as the case may be, that the succession duty payable in

respect thereof has been duly paid, or that no succession duty	is payable, the estate being exempt under clause 2 of this
Act.

Y-MY b 4. The Governor may make regulations for determining the

efO' d - mode of assessing the duties payable under the principal Act, and

the mode of aseeeeing

d~ties.	such regulations, when published in the G o v e ~ m e n t Gazette, shall have the force of law, and they shall be laid before both Houses of Parliament forthwith, if Parliament be then sitting, and if not, then within twenty-one days after the commencement of the next Ses~iion.
Until such regulations are so made and published, the said duties
shall be asses& as at present.

In the name aad on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

.- -

Adelaide : By authority, E. BPILL&R, Government Printer, North-terrace.