HC Deb 18 December 1967 vol 756 cc919-20
38. Sir D. Walker-Smith

asked the Attorney-General whether he has considered the observations of the Court of Appeal in England versus Public Trustee as to the desirability of amending the Settled Land Act, 1925, so that notice of a proposed sale of settled land by the tenant for life should be given to the other beneficiaries under the settlement; and if he will seek to amend the law accordingly.

The Attorney-General

I am aware of these observations, but I do not think it would be desirable to amend the law on this subject in advance of the general study of the law relating to Settlements which the Law Commission has stated in its Second Annual Report it hopes to initiate in due course.

Sir D. Walker-Smith

As there may no doubt be many other cases, especially in this inflationary age, in which an injustice is done to remainder-men and a result brought about which, in the words of Lord Justice Wynn, Parliament would not have wished, does not the right hon. and learned Gentleman accept that there is an element of urgency in this matter?

The Attorney-General

There is an element that calls for consideration, but the subject is a very complex one. It is much better, in my view, that there should be a general review of the Settled Land Act rather than an attempt to deal with an isolated part of it.

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