HC Deb 01 August 1919 vol 118 cc2498-500

The provisions of the foregoing Section shall not apply to the estate of any person dying before the passing of this Act,' provided that the Admiralty the Secretary of State for War, and the Air Council shall dispose of any property or funds in their possession at the passing of this Act, bel nging or due to any deceased member of His Majesty's Forces, as if this Act had been in force at the date of death of such member of His Majesty's Forces.

The SOLICITOR-GENERAL for SCOT LAND (Mr. Morison)

I beg to move, after the word "shall" ["and the Air Council shall"], to insert the words "wherever possible." I propose this in order to make it apply, as far as possible retrospectively to the estates of deceased soldiers and sailors. The Clause as it stands does not carry out the application of the Statute quite accu- rately, because there are many cases in which the Government Departments have already disposed of a portion of the estate to the other relations—that is to say, the two-thirds has in some instances been disposed of, and, of course, it is not possible for the Government Departments to get back any portion of the two-thirds in order to make good the widow's new right to one-half of the estate.

Amendment agreed to.

Further Amendment made: Leave out the words "as if this Act had been in force at the date of death of such member of His Majesty's Forces," and insert instead thereof the words so as to secure the distribution by the Admiralty, the Secretary of State for War, or the Air Council of the Property of such deceased, whether partly before the passing of this Act or not, shall be in conformity with the law of intestate succession in Scotland as amended by this Act."—[Mr. Morison.]

Clause, as amended, ordered to stand part of the Bill.

Clauses 3 (Repeal) and 4 (Interpretation and Short Title) ordered to stand part of the Bill.

Bill reported; as amended, considered; read the third time, and passed.

The remaining Orders were read, and postponed.

Whereupon Mr. SPEAKER adjourned the House, without Question put, pursuant to Standing Order No. 3.

Adjourned at One minute before Four o'clock.