sec.68AWhen legatee to bear commission on legacy

### sec.68A When legatee to bear commission on legacy Subject to subsection (2) unless a testator by will, whether made before or after the commencement of this Act, directs that the testator’s testamentary expenses (which shall be deemed to include the commission payable to a trustee company under this Act) be paid out of the testator’s estate, the commission payable to a trustee company under this Act on all devises and legacies, whether specific, demonstrative, or pecuniary, is payable by the devisee or legatee entitled, as the case may be. Where a testator by will, whether made before or after the commencement of this Act, directs that any devise or legacy be free of duty, such commission is payable out of that portion of the estate of the testator out of which the duty is, pursuant to the direction, payable if that portion is sufficient to enable the payment in full of the commission as well as the duty. s 68A (prev s 43) renum and reloc 2009 No. 49 s 85 (sec.68A-ssec.1) Subject to subsection (2) unless a testator by will, whether made before or after the commencement of this Act, directs that the testator’s testamentary expenses (which shall be deemed to include the commission payable to a trustee company under this Act) be paid out of the testator’s estate, the commission payable to a trustee company under this Act on all devises and legacies, whether specific, demonstrative, or pecuniary, is payable by the devisee or legatee entitled, as the case may be. (sec.68A-ssec.2) Where a testator by will, whether made before or after the commencement of this Act, directs that any devise or legacy be free of duty, such commission is payable out of that portion of the estate of the testator out of which the duty is, pursuant to the direction, payable if that portion is sufficient to enable the payment in full of the commission as well as the duty.