HC Deb 11 May 1964 vol 695 cc149-50

Lords Amendment: In page 22, line 27, leave out from "moveable" to "and" in line 29 and insert belonging to the deceased at the time of his death or over which the deceased had a power of appointment".

Lady Tweedsmuir

I beg to move, That this House doth agree with the Lords in the said Amendment.

This is a drafting Amendment to meet a criticism of the definition of "estate" in Clause 35. It was suggested to us that by referring to estate on which the deceased had tested or might have tested the definition would exclude that part of the deceased's estate which might be claimed as jus relictae or legitim, as legal rights may be claimed whether the deceased is testate or not.

The argument was that the deceased cannot test on property which may be claimed in respect of legal rights. This was perhaps rather an academic point, but as the intention was certainly that the word "estate" should cover all the deceased's property, including any part of it which may be claimed as legal rights, we thought it better to put the matter beyond doubt.

Question put and agreed to.

Lords Amendment: In page 22 line 39, leave out "properly" and insert "competently".

Lady Tweedsmuir

I beg to move, That this House doth agree with the Lords in the said Amendment.

This is a drafting Amendment to avoid a verbal inconsistency with Clause 18(2) where the word "competently" is used.

Question put and agreed to.

Lords Amendment: In page 23, line 7, at end insert: (3) Without prejudice to the proviso to section 23(2) of this Act, references in this Act to the date of execution of a testamentary disposition shall be construed as references to the date on which the disposition was actually executed and not to the date of death of the testator.

Lady Tweedsmuir

I beg to move, That this House doth agree with the Lords in the said Amendment.

This is a drafting Amendment consequential on the Amendments we made to Clauses 12 and 13 and on the introduction of the new Clause that now follows Clause 29.

Question put and agreed to.

Subsequent Lords Amendments agreed to.