HC Deb 11 July 1957 vol 573 cc532-3
31. . Sir F. Medlicott

asked the Chancellor of the Exchequer if he is aware of the difficulty caused to many executors through their having to pay Estate Duty on the delivery of the Inland Revenue affidavit; and if the arrangement can now be revised so that the duty will not be payable until probate has been granted and the executors placed in a position to deal with the assets of the estate.

The Financial Secretary to the Treasury (Mr. J. Enoch Powell)

The present law provides an essential safeguard for collection of duty; but if my hon. Friend has in mind a particular case where difficulty has arisen, I should be pleased to look into it.

Sir F. Medlicott

Is my hon. Friend aware that it is a little unfair for executors to have to borrow money and to commit themselves in other ways before they are legally in a position to deal with an estate? Is he further aware that the almost indecent haste with which Estate Duty has to be paid often forces executors to realise assets not at their best value?

Mr. Powell

It has been the case ever since this duty existed that it has been payable before probate, and I understand that few cases of real difficulty arise. I am, however, anxious to look into any which my hon. Friend will bring to my attention.

Mr. Gower

Apart from individual cases, may I ask whether my hon. Friend considers that the fact simply that it has always been done in the past is a good reason to maintain it if it inflicts general hardship?

Mr. Powell

I am inclined to think that, in general, the reason is good. It has been looked at time after time and has always been considered to be a necessary safeguard of the revenue.