Stamp and Estate Duty

• Author: Karen Nunez-Tesheira
• Pages: 254-270

254 / Probate Practice and Procedure

INTRODUCTION

As a general rule, upon the death of a person, whether testate or intestate,

a duty or tax is or, in the territories where such duties are no longer payable,

was chargeable not only on the assets to be covered by the grant of

representation but also on all the real and personal property of the deceased,

wherever situated.

The payment of death duties (whether called probate, stamp, estate,

death, or succession duties in the various territories) as evidenced by a

certificate issued by the appropriate officer is or was a condition precedent

to the issuance to the applicant of the relevant grant of representation.

To date in most of the Caribbean territories, death duties have either

been abolished or as in the case of Guyana and Jamaica have been repealed

and replaced by another form of tax.

Death Duties in General

The procedure and practice to be followed with respect to the issuance of

the certificate are essentially the same in the various territories.

The applicant or the applicant’s agent (usually the applicant’s attorney-

at-law) is required to lodge in the Estate/Stamp Duty Section of the Inland

Revenue Department, Ministry of Finance, the following documents:

1. An Affidavit/Declaration and Accounts for the Commissioner.

2. Death certificate of the deceased.

3. Will, if any.

4. Proof of value of the estate including:

(a) valuation certificate of real property, if any

(b) copies of land deeds;

(c) Bank statements and share certificates.;

5. Funeral receipts and any other documentary evidence of the

deceased’s indebtedness.

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Stamp and Estate Duty

Stamp and Estate Duty / 255

The duties payable are calculated in accordance with the relevant schedule

of the respective estate/stamp duty acts of the various territories. The

applicant/agent is notified of the duties payable. He then pays the duties

calculated together with any accrued interest thereon, to the cashier,

Collection, Inland Revenue or its equivalent. The applicant/agent is then

issued with a receipt which is submitted to the Estate/Stamp Duty section

for the issuance of the appropriate certificate.

Affidavit/Declaration and Accounts of the Estate

The Affidavit/Declaration and Account of the Estate or its equivalent takes

a prescribed form and may be collected from the relevant Estate/Stamp

Duty Section, Inland Revenue of the respective territories. The form is

completed by the applicant for the grant and executed before a person

authorised to administer oaths in the respective territories.

The Affidavit/Declaration includes:

(i) the name and address of the deceased;

(ii) a description of the deponent;

(iii) the place of domicil of the deceased;

(iv) the date and place of death of the deceased;

(v) the names of the beneficiaries and their relationship if any, to

the deceased;

(vi) a statement as to whether or not the deceased left a will;

(vii) a statement that the various accounts annexed to the affidavit/

declaration contain a true account of the particulars and gross

value as at the date of death.

The various Accounts of the Estate set out the particulars of the deceased

estate and its gross value including accounts of:

(i) the real property situate within and outside the relevant

territory;

(ii) the personal property within and outside the relevant territory;

(iii) the debts and encumbrances affecting the deceased’s property

within the relevant territory;

(iv) Funeral expenses.