WILLS BILL (Hansard, 28 June 1963)

§ LORD CONESFORD

My Lords, this Bill amends the law relating to the formal requirements for the making of wills. It will enable the United Kingdom to ratify the Hague Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions, made on October 5, 1961. That is Cmnd. 1729. The terms of that Convention were largely based on the Fourth Report of the Private International Law Committee which reported to my noble and learned friend Lord Kilmuir, then Lord Chancellor, on July 23, 1958. That is Cmnd. 491. My noble and learned friend Lord Kilmuir had invited that Committee, which was then under the Chairmanship of Mr. Justice Wynn-Parry: To recommend what alterations, if any, are desirable in the rules of the private international law of the United Kingdom relating to the formal validity of wills. The Committee produced an admirable Report, for which they have earned and deserve our gratitude, setting out the defects of the existing law and making clear recommendations for its improvement. It is interesting to note that, of the twelve members who served under the chairmanship of Mr. Justice Wynn-Parry, three have now become High Court Judges, and one has been appointed a Judge of the International Court of Justice. The Committee were of such distinction that if any noble Lord desires enlightenment on any part of the Bill he would do much better to refer to the Committee's Report than to rely on any words of mine. I will simply sum up what I think is the principle which should be followed in dealing with the subject matter of this Bill, and assure the House that this Bill endeavours to give effect to it.

The principle underlying any law requiring wills to be executed with certain formalities is that only those documents should be accepted as valid of which it can be said with reasonable certainty that they were executed by the testator with the intention of disposing of his assets after his death. A document which fulfils these conditions ought to be accepted as valid, and it is therefore a defect in the law if such a document 514 has to be excluded because of some technical imperfections of which the testator might reasonably have been unaware. If, therefore, the testator complies with the formal requirements of any system of law which he may reasonably assume to be applicable, his will should be treated as formally valid.

Further, it is plainly desirable that, so far as possible, a will treated as valid in one country should be treated as valid in others. Such is the principle to which I think The Hague Convention and this Bill give effect. The Bill had the support of members of all Parties in another place, and I now commend it to this House. At a later stage I shall be happy to give further explanations on any point on which a noble Lord desires to be further informed—a task in which I know I shall have the help of my noble and learned friend on the Woolsack. My Lords, I beg to move that the Bill be now read a second time.