HC Deb 24 March 1919 vol 114 cc186-8

Order for Second Reading read.

Mr. MORISON

I beg to move, "That the Bill be now read a second time."

This Bill has been introduced to assist the procedure in connection with the administration of an intestate husband's estate. The Bill amends the principal Act and improves the method by which the estate is being administered. By the Statute to which I have just referred the estate of a person who has died, leaving no children and no will, comes to his widow if that estate is less than £500. If it is over £500 she is entitled under that Statute, to obtain the first £500. In practice it has been found that difficulties have arisen where part of the estate of the deceased person was heritable. The widow now no right to enable her to make up a title to the heritable subjects. Accordingly, if the heir-at-law refused to come forward or could not be found, in many cases the widow was unable to make good the rights which she had received under the Statute. This Bill in Clause 1 provides new procedure which enables the widow to apply to the sheriff and to abtain her rights under the Statute. The first Section prescribes the form of application, the second provides for the necessary intimation to all those interested in the succession, and the third refers to the case in which the estate is less than £500 and is more than £500, and in either case sets out the proper procedure for giving effect to the sheriff's decree. The fourth Sub-section deals with the Death Duties, the fifth repeals Section 5 of the principal Act, because under Section 3 of the present Bill the power of fixing the value of the estate is given to the sheriff on the widow's application. This is purely a technical matter. The Bill relates exclusively to procedure in the Court. It has already been passed in another place, and I submit that it should be read a second time.

Sir DONALD MACLEAN

This is a Bill which, so far as I am concerned, might very easily be taken in all its stages to-night. It is a matter which ought to be dealt with quite promptly, because there is a very large number of women who have become widows in Scotland, as in other parts of the Kingdom, and this Bill makes the position of Scottish widows something like as convenient for the purpose of getting her husband's estate as is the English widow's position. It has passed through the hands of very able Scottish lawyers in another place, and, so far as my knowledge of Scottish law is concerned, I have applied what little I know to it, and I think this Bill meets a real need. So far as I am concerned, I have no objection to all the stages being taken to-night.

Bill accordingly read a second time.

Resolved, That this House will immediately resolve itself into the Committee on the Bill."—[Mr. Pratt.]

Bill accordingly considered in Committee.

[Sir E. CORNWALL in the Chair.]

Clause 1,

Sir HENRY DALZIEL

I do not desire to delay this measure, but I think it is absolutely reasonable that hon. Members should have an opportunity of putting down Amendments if they so desire, but it should be an understanding that the Government will get the Bill in two nights if they agree to postpone it now. I respond to the appeal of my right hon. Friend opposite, but these Bills really ought to go to a Scottish Grand Committee. I move, That the Chairman do report Progress, and ask leave to sit again.

Committee report Progress; to sit again To-morrow.