Legal Services Bill [Lords]
Henry Bellingham (Shadow Minister, Constitutional Affairs; North West Norfolk, Conservative)
I have one point to make on schedule 2. Paragraph 5(1) mentions “Reserved instrument activities”, about which I made a point when we discussed clause 12 and will writing. Will the Minister elaborate on paragraph 5(1)(c), which states that “reserved instrument activities” means, among other things,
“any other instrument relating to real or personal estate for the purposes of the law of England”?
To what does “other instrument” refer? We were discussing making over property, transfers, contracts and dispositions of property, but will the Minister tell us more about paragraph 5(1)(c)?
Bridget Prentice (Parliamentary Under-Secretary, Ministry of Justice; Lewisham East, Labour)
I do not know whether the hon. Gentleman was out of the room when I responded to his questions on the matter—it is possible that he missed what said. I explained that a will is a set of instructions as opposed to a disposition. In that sense, it contrasts with gifts or conveyances when dealing with the transfer of property. Real property left in a will would require further formal transfer. We are dealing with similar matters in paragraph 5(1)(c), but I shall write to him with some specific examples so that we can move the debate on.