AGADVOKS GLOBALKENYA · ENGLISH
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Estate Duty Act

11. Property enjoyed jointly or according to a discretion.

Edition: 1991-12-27 · In force

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11. Property enjoyed jointly or according to a discretion.

Where estate duty is leviable under section 7 (1) (c) of this Act, estate duty shall be payable on—
(a)the proportion of the property which was provided by the deceased; or
(b)the proportion of the property which the amount of income from the property received by the deceased during the three years immediately preceding his death bore to the income from the property during those years or, where the deceased was not entitled to any proportion of the property or was not one of the class of persons in whose favour the discretion was exercisable during the whole of the said three years, the like proportion during the period when he was so entitled or was one of that class, as the case may be,
whichever is the greater.
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Source: Kenya Law