HC Deb 16 June 1939 vol 348 cc1683-4W
Mr. Wood

asked the Attorney-General whether, in view of the cost of obtaining a legal decision in favour of presumption of death and the consequent inability to the poor ever to avail themselves of this legal action, he will consider whether it is possible to cheapen the fees to those widows who are anxious to establish the death of their husbands after long periods of disappearance?

The Attorney General

I assume that my hon. Friend is referring to a petition under Section 8 of the Matrimonial Causes Act, 1937, praying for the dissolution of a marriage on the ground that the other party is dead. In such a case a petitioner whose means fall below the limits established by the Poor Persons Rules can apply for the certificate under those Rules, and, if such a certificate is granted, can proceed without the payment of any court fee.

If, however, my hon. Friend refers to a petition for presumption of death in a probate matter, where the gross estate in respect of which the appli[...]tion is made does not exceed £250, the court fee is 2s. 6d. with a 2s. 6d. fee for each affidavit filed in support of the petition. In such a case where the petitioner is a poor person within the meaning of the Rules already mentioned, the procedure under those Rules which I have already described is also open to him.

Sir A. Wilson

asked the Attorney-General whether the terms of reference of the Poor Persons Rules Committee will enable them to consider such amendments to the Insurers' Act, 1930, as may be necessary to cover the case of Smith versus Pearl Assurance Company, Limited, on 12th January, 1939, and the opinion expressed thereon by Mr. Justice Clauson as to the need of amending the law so as to prevent injustice?

The Attorney-General

The question of making amendments to the Third Parties (Rights against Insurers) Act, 1030, of the kind desired by the hon. Member is being considered by the Lord Chancellor independently of the Committee to which he refers, and it is not in my noble Friend's opinion a suitable subject for inquiry by that Committee.