HL Deb 27 February 1995 vol 561 cc1309-10
The Lord Chancellor (Lord Mackay of Clashfern)

My Lords, I beg to move that the House do now resolve itself into Committee on this Bill.

Moved, That the House do now resolve itself into Committee.—(The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee accordingly.


Clause 1 [Intestacy and partial intestacy]:

Lord Mishcon moved the following amendment:

Page 1, line 10, leave out ("14") and insert ("28").

The noble Lord said: On Second Reading I ventured to suggest that the survivorship period under an intestacy should copy what the practitioners in the law have been doing for a long time in regard to the making of wills. I then suggested that the period of 14 days was too short and that the period of 28 days would be more satisfactory.

The noble and learned Lord, with his usual graciousness, considered that suggestion and was kind enough to write to me in certain terms. I prefer that he paraphrases those terms, not I. I beg to move.

The Lord Chancellor

When the Law Commission considered this question it took the view that 14 days was an appropriate survivorship clause interval to adopt as part of the general law. In the light of his great experience as a solicitor, the noble Lord, Lord Mishcon, suggested at Second Reading, as he mentioned, that that was a rather short period in present circumstances and that in practice a period of 28 days would be better.

I have considered the suggestion carefully in the light of the information I have about current practice, and I have concluded that the noble Lord, Lord Mishcon, is right and that it would be an improvement to the Bill to substitute 28 days for 14 days. I advise the Committee to accept the amendment.

On Question, amendment agreed to.

Clause 1, as amended, agreed to.

Remaining clauses and schedule agreed to.

House resumed: Bill reported with an amendment.