IHTM27079 - Specialty rule: bonds and debentures under seal


Debentures if under seal, are specialty debts, locally situated where the document is found. So, also, are debts due from the Crown, or under a statute, whether under seal or under hand, and even when they are secured by registered bonds.

Most UK government securities (e.g. Treasury Loan, Exchequer Stock, War Loan) are registered, so that their locality is determined by the place of registration. However, some bonds issued by the UK government (containing an express obligation to pay) are governed by the general rule that a debt due from the Crown is a specialty debt, situated where the document evidencing the obligation is physically found.

In Royal Trust Co v Att Gen for Alberta [1930] AC 144, the decision related to registered bonds of the Dominion of Canada and their situation for the purpose of Alberta death duties.