Succession and Probate Duties Acts and Another Act Amendment Act of 1963 (Qld)

172 (Quemshat?t ANNO DUODECIMO ELIZABETHAE SECUNDAE REGINAE No. 29 of 1963 An Act to Amend " The Succession and Probate Duties Acts, 1892 to 1962," and " The Gift Duty Acts, 1926 to 1961 ," each in certain particulars [ASSENTED TO 13TH DECEMBER, 1963] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as "The Succession and Probate Duties Acts and Another Act Amendment Act of 1963." 2. Parts of Act . This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II - AMENDMENTS OF " THE SUCCESSION AND PROBATE DUTIES ACTS , 1892 TO 1962 "; AND PART Ill-AMENDMENTS OF " THE GIFT DUTY ACTS , 1926. TO 1961."

Succession and Probate Duties Acts , Etc., Amendment Act of 1963, No. 29 173 PART II-AMENDMENTS OF " THE SUCCESSION AND PROBATE DUTIES ACTS, 1892 To 1962" 3. (1) Interpretation . This Part II of this Act shall be read as one with " The Succession and Probate Duties Acts, 1892 to 1962." (2) Collective title . " The Succession and Probate Duties Acts, 1892 to 1962," and this Part II of this Act may be collectively cited as " The Succession and Probate Duties Acts, 1892 to 1963." 4. Amendment of s. 3 of 56 Vic. No. 13. Section three of " The Succession and Probate Duties Act, 1892," as heretofore amended, is further amended by adding the following definition:- "The term "wife" includes a woman who has been divorced, whether before or after the passing of " The Succession and Probate Duties Acts and Another Act Amendment Act of 1963," by or from her husband if she has not re-married before the time of his death and if she is at the time of his death receiving or entitled to receive maintenance from him." 5. Amendment of s. 10C of 56 Vic. No. 13. Section 10c of " The Succession and Probate Duties Act, 1892," as heretofore amended, is further amended by omitting the words " where the amount of such moneys payable. under the policy together with any amount payable under any other policy or policies effected on the said life to the wife of the person on whose life such insurance was effected does not exceed in the whole the sum of seven hundred and fifty pounds, and ", where appearing in the third paragraph. 6. New s. 10E inserted in 56 Vic. No. 13. " The Succession and Probate Duties Act, 1892," as heretofore amended, is further amended by inserting after section IOD the following section:- " [10E.] Principal matrimonial home . (1.) In this section the term " principal matrimonial home " means- (a) A dwelling-house; or (b) In the case of a block of flats, a double-unit dwelling-house or other multiple unit dwelling-house, a flat, unit or part for human habitation by a single family unit therein; or (c) In the case of a structure containing shop or factory premises, a part of such structure for human habitation by a single family unit, which immediately before the death of the predecessor, was used by the predecessor and his or her spouse as their principal matrimonial home. Subject to this section the term includes the land appurtenant to the principal matrimonial home. (2.) Where the total value of the principal matrimonial home does not exceed ten thousand pounds, the duty charged under this Act in respect of the succession to the principal matrimonial home derived by the spouse of the predecessor shall be deferred and shall not become payable until the date prescribed by this section.

174 Succession and Probate Duties Acts , Etc., Amendment Act of 1963, No. 29 In every such case the deferred duty shall become and be payable and recoverable on the date when the spouse- (a) Disposes of his or her interest in the principal matrimonial home; (b) Re-marries; or (c) Dies, whichever event shall first happen. (3.) Where a succession mentioned in this section is included in and forms part of a succession to- (a) A block of flats, a double-unit dwelling-house or other multiple unit dwelling-house, or a structure containing shop or factory premises; or (b) Land used both as the principal matrimonial home and for other purposes, then, for the purposes of this section, the duty charged under this Act in respect of the principal matrimonial home shall be a sum which bears to the total duty charged under this Act in respect of the whole of the succession the same proportion as the value of the principal matrimonial home (including in any case mentioned in paragraph (b) of this subsection so much of the land as, in the opinion of the Commissioner, is appurtenant to its use as such) bears to the value of the whole of the succession. 7. Amendment of s. 11A (1). Subsection (1) of section 11.E of " The Succession and Probate Duties Act, 1892," as heretofore amended, is further amended by inserting after the words " arrears of duty payable the words " or that payment of the duty has been deferred ". 8. Amendments of s. 12 of 56 Vic. No. 13. Section twelve of " The Succession and Probate Duties Act, 1892," as heretofore amended, is further amended by- (a) in provision (5)- (i) inserting after the word " wife ", where appearing in the general words preceding paragraph (a) and in paragraph (a), the words " or husband "; (ii) omitting the words " four thousand pounds ", where appearing in paragraph (a), and inserting in their stead the words " five thousand pounds "; and (iii) omitting paragraph (b) and inserting in its stead the following paragraph:- (b) Where the total value of the estate of the deceased, in or out of Queensland, exceeds five thousand pounds but does not exceed seven thousand pounds, the following amount per centum:- (i.) Of the succession duty under this Act which, except for this paragraph (b) of this provision, would be charged in respect of the succession coming to that wife or husband or child under the age of twenty-one years; and

Succession and Probate Duties Acts, Etc., Amendment Act of 1963, No. 29 175 (ii.) Of the proportion of the probate or administration duty payable under this Act in respect of the estate in question which is attributable to the value of property subject to that duty included in that succession, shall be rebated and not charged, namely one per centum for every twenty pounds or part of twenty pounds by which such total value is less than seven thousand pounds."; and (b) inserting after provision (5) the following provision:- " (6.) Provided further that, notwithstanding the foregoing provisions of this section, where the total value of the estate of the predecessor in or out of Queensland, does not exceed three thousand pounds and the predecessor was domiciled in the Commonwealth, and is not survived by a spouse, and the successor is a child of or over the age of twenty-one years of the predecessor, and such successor is domiciled in the Commonwealth, no succession duty shall be payable in respect of the succession coming to that child and the proportion of the probate or administration duty attributable to the value of property subject to that duty included in that succession shall not be payable. 9. Repeal of s. 2A of 59 Vic. No. 28 . " The Succession and Probate Duties Act 1892 Amendment Act of 1895," is amended by repealing section 2A. PART III-AMENDMENTS OF " THE GIFT DuT I ACTS, 1926 TO 1961 " 10. (1) Interpretation . This Part III of this Act shall be read as one with " The Gift Duty Acts, 1926 to 1961." (2) Collective title. " The Gift Duty Acts, 1926 to 1961," and this Part III of this Act may be collectively cited as " The Gift Duty Acts, 1926 to 1963." 11. Amendment of s. 6 . Section six of " The Gift Duty Acts, 1926 to 1961," is amended by adding the following paragraph:-- " No gift duty shall be payable on any grant of moneys (whether accompanied by the creation of any trust or not) by the United Nations High Commissioner for Refugees in aid of the resettlement in Queensland of refugees." 12. Amendments of s. 8 . Subsection (1) of section eight of " The Gift Duty Acts, 1926 to 1961," is amended by- (a) omitting the words " does not amount to one thousand pounds- no duty ", where appearing in the first paragraph, and inserting in their stead the words and subparagraphs- does not amount- (a) Where the donee is the spouse or a child of the donor, to two thousand pounds; or (b) In any other case, to one thousand pounds, no duty shall be payable."; (b) inserting after the words " one thousand pounds ", where appearing in the third paragraph, the words " or, where the donee is the spouse or a child of the donor, two thousand pounds "; and

176 Succession and Probate Duties Acts , Etc., Amendment Act of 1963, No. 29 (c) omitting the proviso and inserting in its stead the following proviso:- " Provided that for the purpose of determining the rate at which gift duty on any gift shall be assessed under this section- (a) Where any other gift or gifts ascertained as prescribed by this section is or are a gift or gifts to which section six of this Act . applies, such gift or gifts- (i.) Shall not be taken into consideration unless the value or aggregate of the values thereof exceeds two hundred pounds; or (ii.) If the value or aggregate of the values thereof exceeds .two hundred pounds , shall be taken into consideration as if such excess were such value or aggregate; (b) Except as prescribed by paragraph (a). of this proviso, an allowance shall not be made in respect of the value of property comprised in a gift or gifts which is or are exempt from duty under any of the provisions of this Act, other than the provisions of section seven hereof."