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Proceeding contribution from David Nuttall (Conservative) in the House of Commons on Friday, 21 January 2011. It occurred during Debate on bill on Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Bill.


Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Bill

My right hon. Friend is absolutely right, and I am sure that my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) has taken that comment on board. It was exactly the point I was about to make. I would add that I am sure that professionally drawn wills would, in the vast majority of cases, make further provision for substitution. As I know from experience, many wills are made at home—home-made wills—in which case people might not be so careful or think that it is even necessary to think beyond their nearest and dearest. They simply write their will at home, with two witnesses, and leave it at that. In such circumstances, if that person had an only child and that child murdered the testator, there would of course be nothing that the testator could do about it. However, if the person dies within a year of the act, it can still be classed as murder. The person might linger and still have appropriate testamentary mental capacity to make another will and change it. I could imagine those circumstances arising, although I accept that they would do so rarely. Clause 3 provides that in the tragic case whereby a single parent under 18 years old dies leaving a child or children surviving, the estate of the intestate is distributed as if the single parent had died immediately before the intestate. That point was covered adequately in the comments of my right hon. Friend the Member for East Yorkshire. My right hon. Friend thinks that the issue will affect 200 estates a year, but in future many thousands of estates will benefit from the proposals in the Bill. One thing is certain: many families will be for ever grateful that this measure was brought before Parliament. I certainly wish it well, I am pleased to see that Members on both sides of the House support it, and I trust that it will have the support of the whole House.


Secondary information

Type
Proceeding contribution
Reference
521 c1147-8 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
Children Homicide Gifts and endowments Inheritance tax Euthanasia Intestacy Probate Succession Wills Forfeiture Next of kin
Legislation
Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Bill 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk