South Australian Consolidated Acts South Australian Consolidated Acts10—Property derived from a deceased person
(1) For the purposes
of this Act property shall be deemed to be derived from a deceased
person—
(a) if a
title thereto is conferred beneficially upon any person either immediately or
after any interval, either certainly or contingently, and either originally or
by way of substitutive limitation by the will of the deceased person or by
devolution of law consequent on the death of the said person:
(b) if
the title thereto consists, wholly or in part, of any non-testamentary
disposition of property, including therein any debt, covenant, bond,
obligation, mortgage, encumbrance, or engagement made, incurred, given,
created, or entered into by the deceased person during his lifetime, otherwise
than before and in consideration of marriage, or for full consideration in
money or money's worth wholly for the benefit of the said deceased person, to
the extent of any property which the administrator of the said deceased person
is bound to transfer, convey, deliver, or pay in satisfaction of the said
disposition, unless the same property so deemed to be derived from the
deceased person is otherwise liable to duty under this Act.
(2) Where under any
disposition of property taking effect upon the death of any person, any person
has a general power of appointment over property, he shall, in the event of
his making any appointment thereunder, be deemed to be entitled at the time of
the death to the property or interest thereby appointed as a succession
derived from the donor of the power.