HL Deb 10 January 1918 vol 27 cc463-5

Order of the Day for the House to be put into Committee, read.

Moved, That the House do now resolve itself into Committee.—(The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee accordingly.

[The EARL of KINTORE in the Chair.]

Clause 1 agreed to.

Clause 2:

Validity of testamentary dispositions of real property made by soldiers and sailors.

2.—(1) A testamentary disposition of any real estate in England or Ireland made by a person to whom section eleven of the Wills Act, 1837, applies, and who dies after the passing of this Act, shall, notwithstanding that the person making the disposition was at the time of making it under twenty-one years of age or that the disposition has not been made in such manner or form as was at the passing of this Act required by law, be valid in any case where the person making the disposition was of such age and the disposition has been made in such manner and form that if the disposition had been a disposition of personal estate made by such a soldier, mariner, or seaman domiciled in England or Ireland it would have been valid.

(2) A testamentary disposition of any heritable property in Scotland made after the passing of this Act by a person to whom section eleven of the Wills Act, 1837, applies or to whom it would apply if he were domiciled in England, shall not be invalid by reason only of the fact that such person is under twenty-one years of age, provided always that he is of such age that he could, if domiciled in Scotland, have made a valid testamentary disposition of movable property.

LORD MUIR MACKENZIE

My Lords, I wish to suggest to the Lord Chancellor whether an Amendment should not be made in Clause 2, page 1, line 20. The words towards the end of subsection (1) are "such a soldier, mariner, or seaman." I think the Lord Chancellor will notice that the words "soldier, mariner, or seaman" do not occur before in that subsection, and that probably the words ought to be "such a person."

THE LORD CHANCELLOR

The words refer to the class of persons with whom the clause is dealing. But I will look into the matter.

Clause 2 agreed to.

Clause 3:

Power to grant probate to universal legatees.

3. Where by a will which is rendered valid by section eleven of the Wills Act, 1837, or by this Act all the property of the deceased is bequeathed or devised to one person or to two or more persons jointly, but no executor is appointed by the will, probate of the will may be granted to that person or those persons as if he or they had been appointed to be executor or executors by the will.

LORD PARKER moved, after the word "jointly," to insert "or in common." The noble and learned Lord said: My Lords, my object in putting down this Amendment is very simple. I really think something has been left out owing to a mistake in the draftsmanship. The object of the clause is perfectly clear. It is to enable probate to be granted to persons beneficially interested in the will where the whole interest is given. That will save the expense of taking out letters of administration which is always greater than the expense of letters of probate. But as a matter of fact it applies in only two cases—first, where a single person takes beneficially; and, secondly, where there are two or more persons who take beneficially, but take as joint tenants. "Joint tenants" is a technical expression, and in these illiterate wills, as they very likely will be, it is far more likely that a father giving to his children will give equally between his children rather than to his children jointly, and that is a case which is omitted. I suggest, therefore, that we should add, after the word "jointly," the words "or in common."

Amendment moved— Clause 3, page 2, line 6, after ("jointly") insert ("or in common").—(Lord Parker.)

THE LORD CHANCELLOR

I accept that.

On Question, Amendment agreed to.

Clause 3, as amended, agreed to.

Remaining clauses agreed to.

Title:

An Act to amend the law with respect to Testamentary Dispositions of Property by Soldiers and Sailors.

THE LORD CHANCELLOR

I move to leave out from the title the words "of Property."

Amendment moved— To omit from the Title the words ("of Property").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Title, as amended, agreed to.

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