HL Deb 09 July 1964 vol 259 c1164

Leave out Clause 5 and insert the following new Clause:

Condition relating to death of surviving spouse (".Where a disposition is limited by reference to the time of death of the survivor of a person in being at the commencement of the perpetuity period and any spouse of that person, and that time has not arrived at the end of the perpetuity period, the disposition shall be treated for all purposes, where to do so would save it from being void for remoteness, as if it had instead been limited by reference to the time immediately before the end of that period.")


My Lords, the next Amendment is the new Clause 5. The purpose of the old Clause 5 and of this clause is to cure the difficulties arising from what is generally known to conveyancers as the case of the "unborn widow". It is extremely technical. I could, if your Lordships require it, explain it in some detail. Perhaps your Lordships would not require it. I think this clause is a better provision than the one in the original Bill. I beg to move that this House doth agree with the Commons in the said Amendment.

Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)

On Question, Motion agreed to.