HL Deb 17 December 1919 vol 38 c358

Order of the Day for the Second Reading read.


My Lords, the object of this Bill is to overcome a difficulty which has arisen, in connection with the deposit of wills with the Commissary Clerk of the County of Edinburgh, in terms of Section 21 of the Regimental Debts Act, 1893. That. section requires that, where the original will of a person subject to military law is in the hands of the Secretary for War, and confirmation (the Scottish equivalent of probate) of the will is not taken out, the Secretary for War may cause the will to be deposited, if the testator is a domiciled Scotsman, in the office of the Commissary Clerk of the County of Edinburgh. The section makes provision with regard to the preservation of the will in the Commissary Office. It sometimes happens that, after a will has been so deposited, it is required for the purpose of completing a title to heritable estates in Scotland. For this purpose the original will is necessary. The present Bill therefore authorises, under due safeguards, the surrender of the will by the Commissary Clerk, for the purpose of completing a title to heritable estate, and also for the purpose of taking out confirmation, as it sometimes happens that the will is deposited before a decision to take out confirmation is reached, and difficulty is thereby occasioned.

Moved, That the Bill be now read 2a.—(Lord Stanmore.)

On Question, Bill read 2a, and committed to a Committee of the Whole House tomorrow.