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Abatement of estate duty.
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29.—(1) In this section—
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“benefit” means all property and all interests in property passing or accruing to a dependant on the death of the deceased in respect of which estate duty is payable;
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“child” means a child (including a child adopted under the provisions of the Adoption Acts, 1952 and 1964) of the deceased who was living at his death and who had not then attained the age of sixteen years or who was then receiving full time instruction at any university college, school or other educational establishment;
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“deceased” means a person dying after the passing of this Act domiciled in the State;
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“dependant” means the widow or child;
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“widow” except in subsection (4), means the widow of the deceased,
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(2) Where the widow is the only dependant entitled to a benefit on the death of the deceased, any estate duty payable in respect of such benefit shall be abated by the sum of £250 together with a sum of £150 in respect of each child.
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(3) Where more than one dependant, including the widow, are entitled to benefits, any estate duty payable in respect of such benefits shall be abated by the following amounts:
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(a) in relation to the widow's benefit, by a sum of £250 together with a sum of £150 for each child not entitled to a benefit;
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(b) in relation to a child's benefit, by the sum of £150.
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(4) In a case where the deceased is a widow, any estate duty payable in respect of a benefit shall be abated by the sum of £150.
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(5) Subsections (2) to (4) of this section shall have effect subject to the proviso that—
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(a) in a case in which the amount of a benefit is not affected by a liability to estate duty arising in connection with the death of the deceased, no abatement shall be made under those subsections in respect of that benefit;
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(b) in a case in which the amount of a benefit is affected by such a liability and the extent to which it is so affected is of an amount which is less than such abatement under those subsections in respect of the benefit as would be appropriate apart from this paragraph, the abatement under those subsections in respect of the benefit shall be reduced to that amount.
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(6) Subsections (2) to (5) of this section shall have effect subject to the proviso that they shall not apply where the net value of all property passing or deemed to pass on the death of the deceased in respect of which estate duty is payable exceeds £15,000.
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