H.M. Advocate v. Heywood Lonsdale's Trustees [1906] ScotLR 43_529 (20 March 1906)

H.M. Advocate v. Heywood Lonsdale's Trustees [1906] ScotLR 43_529 (20 March 1906)

The payment of £10,000 by Lord Hamilton within twelve months of his death is property deemed to pass under Finance Act 1894, sec. 2(1)(c), and is liable to estate duty and settlement estate duty; discharge of daughter's legal and conventional rights does not constitute consideration in money or money's worth under sec. 3, so no deduction is allowed.

Citation
[1906] ScotLR 43_529
Parties
Pursuer/respondent: H. M. Advocate; Defenders/reclaimers: Heywood Lonsdale's Trustees
Jurisdiction
Scotland
Judgment Date
20 March 1906
Procedural Posture
Exchequer Cause / Appeal (reclaiming Note) From Lord Ordinary's Interlocutor
Outcome
Appeal dismissed; interlocutor adhered to.
Legal Topics
Settlement Estate Duty, Property Deemed to Pass, Gift, Finance Act 1894
Revenue Estate Duty Settlement Estate Duty Property Deemed to Pass Gift Finance Act 1894

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Parties

H. M. Advocate

Pursuer/respondent

Heywood Lonsdale's Trustees

Defenders/reclaimers

Procedural Posture

Exchequer Cause / Appeal (reclaiming Note) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether estate duty and settlement estate duty are payable on £10,000 prepaid by Lord Hamilton within twelve months of his death under daughter's marriage contract
  2. 2 Whether discharge of daughter's legal and conventional rights constitutes consideration in money or money's worth under Finance Act 1894, sec. 3

Ratio Decidendi

The payment of £10,000 by Lord Hamilton within twelve months of his death is property deemed to pass under Finance Act 1894, sec. 2(1)(c), and is liable to estate duty and settlement estate duty; discharge of daughter's legal and conventional rights does not constitute consideration in money or money's worth under sec. 3, so no deduction is allowed.

Court Disposition

Appeal dismissed; interlocutor adhered to.

Orders

  • Defenders liable for estate duty and settlement estate duty on £10,000 paid by Lord Hamilton within twelve months of his death.
  • Defenders to deliver account for ascertainment of duty.