13
FRIDAY, MAY 25, 190
THE COMMISSION CONSIDERS THAT
THE LEVEL OF THESE STATUTORY PROVISIONS CONFER LEGACIES IS PRESENTLY TOO LOW. NOR DO THE EXISTING
ACQUIRE THE INTESTATE'S DIRECTLY ON A SURVIVING SPOUSE THE RIGHT TO INTERESTS IN THE MATRIMONIAL HOME WITH THE STATUTORY LEGACIES.
THE
COMMISSION
ACCORDINGLY RECOMMENDS
THAT
THE
STATUTORY $500,000 WHERE
LEGACY LEVELS TO THE SURVIVING SPOUSE BE INCREASED TO THERE ARE CHILDREN, AND $1,000,000 WHERE THERE ARE NO CHILDREN.
WITH CURRENT PROPERTY THESE AMOUNTS ARE MUCH MORE IN KEEPING
AVERAGE PRICES AND SHOULD BE SUFFICIENT TO ENABLE THE PURCHASE OF THE SMALL MATRIMONIAL HOME.
SPOUSE HAVE
MATRIMONIAL
FACILITATE
THE
THE COMMISSION ALSO RECOMMENDS THAT THE SURVIVING THE RIGHT TO ACQUIRE THE INTERESTS OF THE DECEASED IN THE
LEGACY LEVELS WILL STATUTORY INCREASED HOME. THE EXERCISE OF THIS RIGHT.
ANOTHER ASPECT CONSIDERS UNSATISFACTORY INTESTATE.
OF THE
RELATES
EXISTING LAW WHICH THE COMMISSION TO THE PERSONAL CHATTELS OF AN
ONLY UNDER THE EXISTING LAW WHERE AN INTESTATE IS SURVIVED NOT
THAT SURVIVING SPOUSE DOES BY THE SPOUSE BUT ALSO OTHER RELATIONS, NOT INHERIT THE PERSONAL CHATTELS.
OF HIS OR
AT MOST HE OR SHE MAY BE PERMITTED TO BUY THEM OUT HER STATUTORY LEGACY. THIS CREATES THE POTENTIAL FOR FAMILY QUARRELS.
SURVIVING SPOUSE THE COMMISSION ACCORDINGLY RECOMMENDS THAT A
AND PERSONAL EFFECTS INHERIT FROM THE INTESTATE THE HOUSEHOLD GOODS THAT ONE COULD REASONABLY EXPECT TO BE IN OR ABOUT A MATRIMONIAL HOME.
THE COMMISSION ALSO
CONSIDERS THAT THE INTESTATES' ORDINANCE OPERATES UNFAIRLY DUE TO ITS DEFINITION OF CHILD.
ESTATES
THEIR SECOND AS A RESULT WHERE A HUSBAND AND WIFE ARE BACH IN
ARE DEEMED THE HUSBAND
TO BE HIS MARRIAGE, PREVIOUS CHILDREN OF
OF THE WIFE ARE SECOND WIFE'S CHILDREN, BUT PREVIOUS CHILDREN DEEMED TO BE HER SECOND HUSBAND'S CHILDREN. ILLEGITIMATE CHILDREN ALSO EXCLUDED.
WILL ABOLISH
NOT
ARE
OF
DEFINITION THE COMMISSION RECOMMENDS THE ADOPTION OF A NEW
AND PROVIDE THAT WHICH
THESE ANOMALIES RELATIONSHIPS BE CONSTRUED REGARDLESS OF THE CONCEPT OF LEGITIMACY.
CHILD
CONCEPT
THE
OF DETERMINATION OF THE
ILLEGITIMACY
ALSO RELATIVES
THE
AN
AFFECTS UNFAIRLY
FROM TO INHERIT
THAT IN ILLEGITIMATE INTESTATE. SIMILARLY, THE COMMISSION RECOMMENDS
OF RIGHT
DETERMINING THESE RIGHTS
THE
ILLEGITIMACY
OF
THE
INTESTATE
IS
IRRELEVANT.
/IN DISCARDING