Probate Duty - Definition - Law Dictionary Home Dictionary Definition probate-duty

Definition :

Probate duty, a tax (now merged in estate-duty) on the gross value of the personal property of the deceased testator. For amount from 1815 to 1880, see schedule to the (English) Stamp Act, 1815 (55 Geo. 3), s. 184. In 1880 a new scale of duties was imposed by 43 Vict. c. 14, s. 9, and in 1881 a further in ceased scale by the (English) Customs and Inland Revenue Act, 1881 (44 & 45 Vict. c. 12). By 55 Geo. 3, c. 184, s. 37, a penalty of 100l. and 10 per cent. additional duty is payable by a person acting as executor and not obtaining probate within six months.

The (English) Finance Act, 1894, substitutes an estate duty, to which both real property and personal property are liable, for probate duty. See ESTATE DUTY.