Section 22 — Application to court by survivor for provision on intestacy

Part of Family Law (Scotland) Bill: Stage 3 – in the Scottish Parliament at 5:15 pm on 15th December 2005.

Alert me about debates like this

Photo of Hugh Henry Hugh Henry Labour 5:15 pm, 15th December 2005

Clearly, that would be one of a number of factors that would need be taken into account; it is not appropriate to specify one factor.

I move to amendment 49, in the name of Stewart Stevenson. I am sorry that he understood only the three words "Dear Stewart". I will try to clarify the issue; I will write again to see whether we can provide more clarity.

As Stewart Stevenson said, he seeks to address an unusual situation in which there has been some time between the person dying and a declarator of death being made. We are satisfied—this is the nub of the letter, although the legalese may not have been understood—that the terms of section 22 are sufficiently wide and give the court sufficient discretion to ensure that all the circumstances that he raises can be covered. I urge Parliament to reject amendments 47, 48 and 49.