INLAND REVENUE COMMISSIONERS Vs. PARK AND OTHERS

JUDGEMENT

(1.) The question for decision is whether the gift of assets worth some Pounds 80,000 Pounds by the settlor to his grandson, constituted by the settlement dated May 25, 1962, and the subsequent marriage on September 8, 1962, of the grandson to Miss Stockwell, was a gift made in consideration of marriage. If so, the contents of the gift are exempt from estate duty in respect of the death of the settlor on September 22, 1963. Foster J. held that it was not such a gift so that the exemption did not apply.

(2.) There are some matter that are perfectly plain. First : when the gift took effect it did so absolutely in favour of the grandson, and the settled property became his absolute property with no qualifications known to the law. Second : it was a gift contingent upon the marriage of the grandson and Miss Stockwell taking place. Third : it was a gift to take immediate effect upon the celebration of that marriage. Fourth : it was a gift to one of the parties to that marriage and to nobody else.

(3.) There was no agreement. But in ascertaining whether the gift be within the language of the exemption it would have been no different had the recital been : The settlor having determined that if and when the said marriage duly takes place he will..... and has in pursuance of the said determination caused....... Similarly, if the later phrase in the document had been Now therefore instead of Now in consideration of the said intended marriage.