New South Wales – The settlor had made a settlement on 4 October 1961 and died 11 days later. The ultimate trust was in favour of ‘the next of kin of the settlor as determined by the provisions now in force of the Wills, Probate and Administration Act 1898-1954 of the State of New South Wales’. There was a claim for death duties on the settled property, and one of the issues was whether the clause contained ‘a trust . . . to take effect after [the deceased person’s] death’ within section 102(2)(a) of the Stamp Duties Act 1920-1959.
Held: The next of kin were to be determined at the settlor’s death, not at the date of the settlement, and death duties were payable accordingly.
Judges:
Reid, Morris of Borth-y-Gest, Dilhorne, Simon of Glaisdale LL, Sir Richard Wild
Citations:
[1972] UKPC 21, [1973] AC 565, [1973] STC 85, [1973] 1 All ER 598, [1972] TR 297, [1973] 2 WLR 334
Links:
Cited by:
Cited – Re Erskine 1948 Trust ChD 29-Mar-2012
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Wills and Probate, Trusts
Updated: 19 September 2022; Ref: scu.444438