Orders of the Day — Succession (Scotland) Bill – in the House of Commons at 12:00 am on 19 February 1964.
Lady Grant of Monymusk
, Aberdeen South
12:00,
19 February 1964
I beg to move, in page 10, line 42, after "property", to insert "(a)".
Perhaps it would be for the convenience of the House, Mr. Deputy-Speaker, to discuss the three following Amendments at the same time.
Mr Robert Grimston
, Westbury
I think that will be for the convenience of the House.
Lady Grant of Monymusk
, Aberdeen South
This is a group of drafting Amendments intended to put right an awkwardness in the wording of Clause 15(2). The subsection empowers an executor to execute a short form of conveyance for the purpose of transferring heritable property when he is distributing the deceased's estate. There are three cases in which the short form of conveyance may be used; first, where the person to whom the property is to be transferred is taking it in satisfaction of a claim to legal rights; secondly, where such a person is taking the property in satisfaction for his share of the deceased's estate on intestacy; and, thirdly, where such a person is taking the property which is left to him by the deceased in his will.
As the subsection is worded, the second and third cases are run together, and this might cause difficulties of interpretation. The Amendment is intended to distinguish quite clearly the three cases in which the short form of conveyance may be used.
There is also the point that the second case is expressed as the case in which a person is to succeed to the estate, which might be wrongly taken to mean the estate as a whole, and to clear up this minor difficulty the words "succeed to" are proposed to be omitted and the words "share in" substituted.
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