HL Deb 27 October 1982 vol 435 cc575-6

37 Clause 67, page 38, line 9, leave out 'Part IV of.

38 Clause 67, page 38, line 13, at end insert— '(d) section 69, so far as it relates—

  1. (i) to the Wills Act Amendment Act 1852: and
  2. (ii) to the Family Law Reform Act 1969.'.

39 Clause 67, page 38, line 16, leave out subsection (7) and insert— '(7) Neither section 18(1) above nor the repeal by this Act of section 177 of the Law of Property Act 1925 affects a will made before the commencement of section 18(1) above'.

The Lord Chancellor

My Lords, I beg to move that this House doth agree with the Commons in their Amendments, Nos. 37. 38 and 39 en bloc. These are technical amendments to clauses amending the law on wills. They are transitional provisions governing respectively the wills of testators dying before the commencement of the new provisions, and wills made before the commencement of those provisions.

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

Lord Mishcon

My Lords, I think it is always right and proper, and I am sure that the noble and learned Lord will agree with me, that when one of the academic lawyers comes forward and lends his aid to the legislators it ought to be appreciated. Indeed, it was a learned professor of the law who suggested these amendments—I think the noble and learned Lord will agree with me—and saw that they were brought before another place. They are useful technical amendments and they put the position right; and I think one ought to express one's gratitude to the academic lawyers as well as the practising ones.

Lord Renton

My Lords, I must confess that I shall bore my noble and learned friend with a short point which I intend to make. We find that this shall not come into force and shall not affect "a will made before the commencement of Section 18(1) above". In order to find out when that will be, we have a mind-bending exercise of trying to understand Clause 67 all over again. I hope that in future legislation we shall be able to deal with the matter more simply.

The Lord Chancellor

My Lords, I am grateful to the noble Lord, Lord Mishcon, and I take note of my noble friend's point, to which I shall give due respect.

On Question, Motion agreed to.