FRIDAY, JUNE 24, 1994
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IN ITS
"CURRENTLY, THE WILLS ORDINANCE CAN BE SOMEWHAT HARSH EFFECT. WILLS THAT ARE NOT DRAWN UP IN STRICT ACCORDANCE WITH THE FORMALITIES LAID DOWN CAN BE INVALIDATED EVEN THOUGH THEY FULLY EXPRESS THE DECEASED'S WISHES.
"THE AMENDING BILL PROVIDES FOR THE COURT TO ADMIT TO PROBATE A WİLL THAT HAS NOT BEEN DRAWN UP IN ACCORDANCE WITH THE REQUIREMENTS OF THE ORDINANCE SO LONG AS THE COURT IS SATISFIED BEYOND REASONABLE DOUBT THAT IT EXPRESSES THE DECEASED PERSON'S WISHES," THE SPOKESMAN SAID.
"THE MAIN EFFECT OF THE AMENDMENTS TO THE INTESTATES' ESTATES ORDINANCE IS TO IMPROVE THE INHERITANCE RIGHTS OF THE SURVIVING SPOUSE OF A DECEASED WHO DIES WITHOUT A WILL.
"THE AMENDING BILL PROVIDES FOR THE SURVIVING SPOUSE TO HAVE A RIGHT, FOR THE FIRST TIME, TO ACQUIRE (FOR EXAMPLE PURCHASE OUT OF HIS OR HER SHARE OF THE ESTATE) THE MATRIMONIAL HOME AND ΤΟ RECEIVE (WITHOUT PAYMENT) THE PERSONAL POSSESSIONS OF THE HOME. CURRENTLY, A SURVIVING SPOUSE ONLY HAS THE RIGHT FO ACQUIRE THE PERSONAL POSSESSIONS.
"THE AMENDMENTS ALSO PROVIDE FOR THE SURVIVING PERSON WHO DIES WITHOUT A WILL TO HAVE A HIGHER LEVEL ENTITLEMENT. THE PROPOSED ENTITLEMENT IS $500,000, $50,000 AS AT PRESENT, PLUS HALF OF ANY REMAINING SURVIVING CHILDREN RECEIVING THE REMAINDER.
SPOUSE OF A OF FINANCIAL
INSTEAD OF ESTATE, WITH
"WHERE THERE ARE NO SURVIVING CHILDREN, BUT THERE ARE OTHER SURVIVING RELATIONS, THE FINANCIAL ENTITLEMENT FOR A SURVIVING SPOUSE WILL BE INCREASED FROM THE CURRENT LEVEL OF $200,000 TO $1,000,000, PLUS HALF OF ANY REMAINING ESTATE. THESE AMOUNTS OF ENTITLEMENT WERE LAST AMENDED IN 1983, THE SPOKESMAN SAID.
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"THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS Į BILL WILL REPLACE THE DECEASED'S FAMILY MAINTENANCE ORDINANCE. LIKE THE ORDINANCE IT WILL REPLACE, THE BILL PROVIDES FOR THE COURT TO ORDER REASONABLE FINANCIAL PROVISION FROM A DECEASED PERSON'S ESTATE FOR APPLICANTS FROM CERTAIN CLASSES OF INDIVIDUALS.
"A KEY CHANGE IN THE BILL IS THAT IT EXTENDS THE SCOPE OP ELIGIBLE APPLICANTS TO INCLUDE NOT ONLY CLOSE RELATIVES, AS AT PRESENT, BUT ALSO OTHER PERSONS WHO WERE DEPENDANT ON THE DECEASED. IT ALSO GIVES THE COURT GREATER POWERS WITH RESPECT TO ORDERING FINANCIAL PROVISION FROM A DECEASED PERSON'S ESTATE.
"FOR EXAMPLE, IT EMPOWERS THE COURT TO ALTER FINANCIAL ARRANGEMENTS MADE BY THE DECEASED THAT ARE INTENDED TO DEFEAT APPLICATIONS UNDER THE BILL. NO SUCH ANTI-AVOIDANCE POWERS ARE CURRENTLY PROVIDED FOR, THE SPOKESMAN SAID.
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THE SPOKESMAN POINTED OUT THAT SIMILAR REFORMS HAD ALREADY BEEN SUCCESSFULLY IMPLEMENTED ELSEWHERE.
THE BILLS ARE DUE ΤΟ HAVE THEIR FIRST READINGS IN THE LEGISLATIVE COUNCIL ON JULY 6.
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