§
[Nos. 8—13.]
Clause 15, page 15, line 26, leave out "subsection (2)" and insert "subsections (2) and (2A)".
Clause 15, page 15, line 26, after "Court" insert "or a county court".
Clause 15, page 15, line 29, after first "the" insert "High Court or a county".
Clause 15, page 15, line 31, at end insert—
(2A) A county court shall not entertain an application under this section, or an application for permission to make an application under this section, unless it would have jurisdiction by virtue of section 7 of the Family Provision Act 1966 (which confers jurisdiction on county courts in proceedings under the Inheritance (Family Provision) Act 1938 or section 26 of the Matrimonial Causes Act 1965 if the value of the deceased's net estate does not exceed £5.000 or such larger sum as may be fixed by order of the Lord Chancellor) to hear and determine proceedings for an order under the said section 26 (application for maintenance out of deceased's estate by former spouse) in relation to the deceased's estate.
Clause 15, page 15, line 32, leave out "the" and insert "a".
Clause 15, page 15, line 41, leave out second "the" and insert "a".
§ THE LORD CHANCELLORMy Lords, if no noble Lord objects, may I move that this House doth agree with the Commons in their Amendments Nos. 8 to 13 inclusive, and may I speak also to Amendment No. 15 which is on the same point? These Amendments give to the county courts jurisdiction to vary a maintenance agreement after the death of one of the parties where the estate of 1185 the deceased does not exceed £5,000 in value. Your Lordships may remember that when, in 1938, power was first given to make a grant out of an estate, for example to somebody who had been cut out of her husband's will, this was something quite new, and accordingly it was thought better to confine the jurisdiction to the High Court. Then in 1966 the Chancery Court drew attention to the fact that where an estate was something less than £5,000 the proportion that might be used up in costs in the High Court was undesirable, and expressed the view that under that figure the county court should have jurisdiction. In 1966 we extended the jurisdiction and allowed to go to the county court those cases where the estate was less than £5,000. This will bring the matter into line so far as these applications are concerned. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(The Lord Chancellor.)
§ On Question, Motion agreed to.