|111||Title:||ESTATE DUTY ORDINANCE||Gazette Number:||L.N. 210 of 2005|
|Section:||23||Heading:||Schedule of property to be annexed to probate||Version Date:||12/02/2006|
(1) A schedule under the hand of the Commissioner of all the property passing on the death of a deceased person upon which estate duty has been paid or is payable on the death, and of all the property of a deceased person which, being trust property, is exempt from duty on the death shall be annexed to the probate or letters of administration, and any person who, without lawful authority or reasonable excuse, in any way deals with any estate of the deceased or any property held by the deceased in trust, which is not set out in such schedule, shall be liable to a penalty at level 3, or to a penalty equal to 3 times the amount of the estate duty at the rate set out in the applicable Part of Schedule 1 to this Ordinance payable upon the estate so dealt with, at the election of the Commissioner: (Amended L.N. 338 of 1995; 27 of 1996 s. 10)
Provided that the disclosure of any trust relating to property in any such schedule shall not constitute notice of the trust as against any purchaser or mortgagee for valuable consideration.
(1A) The reference in subsection (1) to the rate set out in the applicable Part of Schedule 1 shall, in relation to the estate of a person who dies on or after 15 July 2005 and before 11 February 2006, be construed as a reference to the rate set out in Part 24 of Schedule 1. (Added 21 of 2005 s. 13. Amended L.N. 210 of 2005)
(2) Whenever a further affidavit is delivered, the probate or letters of administration in respect of which such affidavit is delivered shall be lodged with the Commissioner who shall insert in the schedule particulars of the additional property set out in the said affidavit.
(3) Where the Commissioner has granted exemption to an executor under section 14A(1)-