HL Deb 29 June 1994 vol 556 cc853-5

7.37 p.m.

Baroness Denton of Wakefield rose to move, That the draft order laid before the House on 3rd May be approved.

The noble Baroness said: My Lords, the order before your Lordships' House implements the recommenda-tions contained in Part 5 of the final report of the Land Law Working Group on the law of succession on death, particularly that relating to wills. The report of that working group recommended substantial re-enactment of much of the statute law relating to wills, which is mostly contained in the Wills Act 1837, together with some new provisions. It also contains provisions which will empower the High Court in Northern Ireland to make certain orders to facilitate the administration of estates and trusts.

There has been only one change of any significance since the order was published as a proposal on 15th September last year. That change occurs in Article 13, which deals with the effect of a subsequent divorce on a will. It is perhaps convenient to mention that provision first.

Under the present law in Northern Ireland, a subsequent divorce has no effect on a will. Article 13, as it now stands, has the general effect of providing that any property in a gift by will passes as if the testator's former spouse died on the date of the divorce, so that the former spouse will not benefit. We looked again at Article 13 in the light of the Law Commission's Report on the effect of divorce on wills, which was published as recently as September, just after the proposal. We considered that there would be advantages in following the more straightforward approach of the Law Commission instead of referring to a statutory lapse of the gift as in the earlier version of Article 13. There is little difference in substance, but we are persuaded that the present provision is clearer.

Article 4 allows married minors to make wills. People who have the responsibility of marriage should be able to regulate their affairs in the event of their deaths. As well as providing for the passing on of property, it will enable a person to appoint a guardian to look after the children in place of a parent.

Article 12 concerns the general rule that marriage revokes a previous will, but widens and clarifies the exceptions in relation to a will made in contemplation of a particular marriage.

The order is technical in its nature, but it is a useful measure of law reform. Comments received were few. The main responses came from bodies representing solicitors in Northern Ireland. Both bodies were generally content with its provisions. I think that the order improves the situation on the matter of wills, and I commend it to the House.

Moved, That the draft order laid before the House on 3rd May be approved.—(Baroness Denton of Wakefield.)

Lord Williams of Mostyn

My Lords, we support this order also. It is an illustration again of Northern Ireland being much more efficient and effective because the report of the land law working group is being given effect to much more promptly than most reports in England and Wales and those which are produced by Royal Commissions. The order seems to be workman-like, carefully researched and effective. The law of wills perhaps has been, historically, the least satisfactory, and this gives effect to sensible, efficient, effective proposals relating to wills. We see nothing to quarrel with, in particular having had the explanation about the slight variation from the report in Article 13. Therefore on behalf of this side of your Lordships' House, we welcome the order.

Baroness Denton of Wakefield

My Lords, I thank the noble Lord for welcoming the order. With his considerable knowledge of the law, it is a blessing indeed.

On Question, Motion agreed to.