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Personal estate appointed by will under general powers to be chargeable with probate and inventory duties.
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4. The stamp duties payable by law upon probates of wills and letters of administration, with a will annexed, in England and Ireland, and upon inventories in Scotland, shall be levied and paid in respect of all the personal or moveable estate and effects which any person, hereafter dying, shall have disposed of by will, under any authority enabling such person to dispose of the same as he or she shall think fit; and for the purpose of this Act such personal or moveable estate and effects shall be deemed to be the personal or moveable estate and effects of the person so dying, in respect of which the probate of the will or the letters of administration with the will annexed of such person are or is granted, or the inventory is or is required to be exhibited and recorded, as the case may be; and such estate and effects, and the value thereof, shall accordingly be included in the affidavit required by law to be made on applying for probate or letters of administration, in order to the full and proper stamp duty being paid.
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Probate and inventory duties in respect thereof to be a charge on the property.
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5. The said last-mentioned duties shall be a charge or burden upon the property in respect of which the same are so payable, and shall be paid thereout by the trustees or owners thereof to the person for the time being lawfully having or taking the burden of the execution of the will or testamentary instrument, or the administration or management of the personal or moveable estate and effects of the deceased, for the benefit of the persons entitled to the personal or moveable estate and effects of the deceased.
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Money secured on heritable property and by heritable bonds in Scotland to be deemed moveable property, &c.
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6. Money secured on heritable property in Scotland, and money secured by Scotch bonds in favour of heirs and assignees, excluding executors, shall, for the purposes of this Act, be held and interpreted to be moveable property, and shall be included in any inventory to be exhibited and recorded in any commissary court in Scotland of the estate and effects of any person deceased entitled thereto, . . . and every such inventory . . . shall be chargeable with stamp duty in respect of such moveable property; . . .
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