WILLS, &c., OF BRITISH SUBJECTS ABROAD BILL.—OBSERVATIONS. (Hansard, 13 August 1857)

§ LORD WENSLEYDALE
said, he wished to call the attention of the noble Lord, (the Secretary of State for Foreign Affairs) to this Bill, which stood upon the notice paper for second reading, and which had for its object to render valid the wills of British subjects domiciled abroad, in case the necessary formalities in the drawing up of those instruments should have been complied with. As their Lordships were aware, there were very great difficulties in deciding the question of domicile, and that at length the principle had been settled, that if persons domiciled themselves abroad they could only dispose of their property in accordance with the law of the country in which they were domiciled. The object of the Bill was to enable persons domiciled abroad to make wills in the English form. He would suggest, however, this mode of settling the difficulty—that British subjects domiciled abroad should make wills in duplicate—the one according to the law of the country in which they were residing, and the other according to the law of England. If this were done, it was quite clear that their property would go in the manner directed. There were in Franco three forms of making wills; but the course which he suggested would obviate any difficulty, for nothing could be easier than to make duplicate wills, the one executed in the English and the other in the 1531 foreign form. He begged to ask the noble Earl, the Secretary for Foreign Affairs, whether facilities might not be afforded for making this suggestion, to English subjects domiciled in France and in other foreign States through the medium of our ambassadors and consular agents?

§ THE EARL OF CLARENDON
said, he was most anxious to pay attention to any recommendations of the noble and learned Lord, and especially to suggestions bearing upon a subject to which he had paid so much attention, and which had been brought before him in his judicial capacity. He (the Earl of Clarendon) had more than once had his attention called, in his official capacity, to the very painful position in which persons were placed in consequence of the doubt thrown upon wills made in foreign countries; and it appeared to him that it had been almost impossible to decide what were the real intentions as to domicile on the part of testators; and upon this point he feared it would be almost impossible always to decide. He was disposed to regard favourably the Bill which had been introduced on this subject, because it seemed to offer a mode of escape from the difficulties in which many persons were placed. With regard to the noble and learned Lord's suggestions that his view of the mode of making wills should be communicated to British subjects residing abroad, he (the Earl of Clarendon) did not think the noble and learned Lord could have adopted a more efficient means of making known his opinions than by stating them in their Lordships' House—beyond doubt his observations would be made public and would find their way to foreign countries. At the same time he (the Earl of Clarendon) could assure the noble and learned Lord that he would give his best attention to the subject, in conjunction with his noble and learned Friend on the woolsack, and if any means could be devised for doing so he would have great pleasure in communicating the suggestion of the noble and learned Lord to British residents abroad through the medium of Her Majesty's diplomatic and consular agents.

§ LORD WENSLEYDALE
observed, that his suggestion might be communicated in a short note, which need not contain more than ten lines. With regard to the Bill which had been introduced he thought it would be productive of much inconvenience, as trenching upon an established principle.

§ LORD REDESDALE
suggested, that a short printed form might be prepared, which could be placed in the hands of British subjects resident abroad.

§ THE EARL OF CLARENDON
remarked, that the difficulty would be to supply the form in which wills should be made in France, Russia, Austria, and other countries.

§ LORD WENSLEYDALE
thought very short forms might be supplied, the one according to the law of the country in which British subjects were resident, and the other according to the law of this country.

§ THE EARL OF CLARENDON:
We could not supply a form of will that would be valid in France, or Russia, or Austria. A British subject wishing to make a will in any of those countries must, if he adopts the recommendation of the noble and learned Lord, send for an English solicitor, and also for a legal adviser of the country in which he is residing.