77. Facilities for paying duty or raising amount already paid.
(1)A person authorised or required to pay estate duty in respect of any property shall, for the purposes of paying the duty or raising the amount of the duty when already paid, have power, whether the property is or is not vested in him, to raise the amount of such duty and any interest and expenses properly paid or incurred by him in respect therefor by the sale or mortgage of or a terminable charge on that property or any party thereof:Provided that any sum payable under any such sale, mortgage or terminable charge may be paid ( (to the extent to which such sum or part thereof represents the estate duty payable) not to the person raising the sum but to the Controller at the option of the person from whom the sum is being raised.(2)A person having an interest in any property who pays the estate duty in respect of that property shall be entitled to the like charge as if the estate duty in respect of that property had been raised by means of a mortgage to him.(3)Any money arising from the sale of property comprised in a settlement or held upon trust to lay out upon the trusts of a settlement may be expended in paying any estate duty in respect of property comprised in the settlement and held upon the same trusts.
