Inheritence (Family Provisions) Act, 1938

Oral Answers to Questions — Ministry of Defence – in the House of Commons at 12:00 am on 24 November 1965.

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Photo of Mr Leo Abse Mr Leo Abse , Pontypool 12:00, 24 November 1965

asked the Minister without Portfolio whether he is aware of the hardship that may be caused to a widow abandoned by her late husband as a consequence of the strict time limits of the Inheritence (Family Provisions) Act, 1938, which prevents her from claiming reasonable provision from his estate; whether he is aware of the comments of the judge in re Kay deceased; and whether, to enable a widow to be in no worse position than is a divorced wife of a deceased, he will refer consideration of the problem to the Law Commisisoners.

Photo of Sir Eric Fletcher Sir Eric Fletcher , Islington East

I am aware of the comments made by the learned judge in the case to which my hon. Friend refers. My noble and learned friend the Lord Chancellor has already received proposals from the Law Commission for amending legislation to remedy this defect in the law. I hope it will be possible to introduce the necessary Bill at an early date.