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In force2022 Revised Edition
Contents

Part · Estate Duties

82. Interpretation

(1)

In this Part, unless the context otherwise requires —

“the deceased” means a person who died after the commencement of this Act;

“deceased person” means a person who died after the commencement of this Act;

“estate duty” means estate duty under this Part;

“executor” means the executor or administrator of a deceased person and includes as regards any obligation under this Part, any person who takes possession of or intermeddles with the property of a deceased person;

“incumbrances” includes mortgages and terminable charges;

“interest in expectancy” includes an estate in remainder or reversion and every future interest whether vested or contingent, but does not include reversions expectant upon the determination of leases;

“prescribed” means prescribed by rules made by His Majesty the

Sultan and Yang Di-Pertuan in Council under this Act;

“property” includes the proceeds of sale thereof and any sale or investment for the time being representing the proceeds of sale;

“property passing on the death” includes property passing either immediately on the death or after any interval and either originally or contingently, and either originally or by way of substitutive limitation, and the expression “on the death”

includes “at a period ascertainable only by reference to the death”;

“will” includes any testamentary instrument.

(2)

For the purpose of this Part —

(a)

a person is deemed competent to dispose of property if he has such an estate or interest therein or such general power as would, if he were sui juris, enable him to dispose of the property; and the expression “general power” includes every power or authority enabling the donee or other holder thereof to appoint or dispose of property as he thinks fit, whether exerciseable by instrument

Stamp inter vivos or by will, or both, but exclusive of any power exerciseable in a fiduciary capacity under a disposition not made by himself or as mortgagee;

(b)

a disposition taking effect out of the interest of the deceased person is deemed to have been made by him, whether the concurrence of any other person was or was not required;

(c)

money which a person has a general power to charge on property is deemed to be property of which he has power to dispose.

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