Bill 62 (Legislature 9, Session 1)

L9 S1 7871

Alberta — Bills

Bill No. 62 of 1941. A BILL TO AMEND THE SUCCESSION DUTY ACT, 1934. NOTE. This Bill amends The Succession Duty Act, 1934. The amendments to

section 2 correct an error in a date and make clear the intention that the Act applies to all persons dying since the formation of the Province. The purpose of

section 3 is to make it clear that the Act applies to gifts inter vivos made before the passing of the Act and within ten years of the date of death of deceased. The amendments made to sections 9, 12 and 15 of the Act remove an ambiguity, the use of the word "property" being intended to make it clear that the duty is based on the value of the property, which actually passes on death and of the property which is deemed to pass by

section 5. The new

section 31a provides the method of ascertaining the value of gifts for the purposes of the Act. The amendment to

section 52 extends the powers of executors and trustees to dispose of property of the de ceased in order to enable the payment of succession duties.

Section 9 of the Bill amends the form of affidavit and inventory to comply with changes in the Act. W. S. GRAY, Acting Legislative Counsel. (This note does not form any part of the Bill but is olfered in explanation of its provisions.)

BILL No. 62 of 1941.

An Act to amend The Succession Duty Act, 1934. (Assented to ,191,,1.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Succession Duty Act, 1934, Amendment Act, 191,,1." 2. The Succession Duty Act, 1931", being

chapter 17 of the Statutes of Alberta, 1934, is hereby amended as to

section 2,- (

a) by striking out the words "the first day of July, 1905," where they appear in the second line thereof, and by substituting therefor the words "the first day of September, 1905"; (

b) by adding after the word "before", where it appears in the sixth line thereof, the words "or after". 3. The said Act is further amended as to

section 5 by striking out paragraph (

b) thereof and by substituting therefor the following new paragraph: " (b) (

i) Property taken as a donatio mortis causa; "(ii) Property heretofore or hereafter taken under a disposition made by the deceased inter vivos which has not been made bona fide ten years before the death of the deceased." 4. The said Act is further amended as to

section 9 by striking out the word "estate", where it appears in the fifth line of subsection (2) thereof, and by substituting therefor the word "property". 5. The said Act is further amended as to

section 12 by striking out the word "estate", where it appears in the fifth line of subsection (2) thereof, and by substituting therefor the word "property". 6. The said Act is further amended as to

section 15 by striking out the word "estate", where it appears in the fifth line of subsection (2) thereof, and by substituting therefor the word "property".

2 7. The said Act is further amended by inserting immedi ately after

section 31 thereof the following new section: "31a. For the purposes of this Act the value of the property taken under a disposition inter vivos shall be the value of the property in respect of which such disposition was made or the value of any property into which it has become converted as of the date of the death of the deceased provided that,- "(

a) if such property or the property into which it has been so converted has been sold for or converted into cash or money, the amount of such cash or money shall be the value of the property; " (

b) if the property in respect of which such disposition is made is cash or money, the amount of such cash or money shall be the value of the disposition." 8. The said Act is further amended as to

section 52 by inserting after the words "so much of", where they appear in the third line thereof, the following words "the property of the deceased or of". 9. The said Act is further amended as to Form 1 in the

Schedule thereto,- (

a) by inserting in paragraph 3 of the Affidavit of Value and Relationship after the word "estate", in the eleventh line thereof, the words "both within and without the Province of Alberta". (

b) by striking out the word "three", where it occurs in the second line of paragraph 9 of the said Affidavit of Value and Relationship, and by sub stituting therefor the word "ten". (

c) by adding after the Form headed "Cash" in Inven tory "A" the following new Form: "GIFTS MADE WITHIN TEN YEARS PREVIOUS TO DATE OF DEATH. Date of To Whom Particulars Value at Date Gift Made of Gift of Death 10. This Act shall come into force on the day upon which it is assented to.

No. 62. FIRST SESSION NINTH LEGISLATURE 5 GEORGE VI 1941 BILL

An Act to amend The Succession Duty Act, 1934. Recei ved and read the First time ...................................... . Second Third HON. MR. ABERHART. EDMONTON: A Shnltka, King's Printer 1 8 4 1 Title: 1941 (9th, 1st) Bill 62,

An Act to amend The Succession Duty Act, 1934

Document details

Collection	Alberta — Bills
Citation	L9 S1 7871
Type	bill
Volume / chapter	L9 S1 7871
Language	en
Format	json
Source	PROVINCIAL
Identifier	e0375e2fef8716122438447d3cab5097b96c9feb

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