XN000022-1995-07-12 — Page 44

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The main effect of the Bill is to improve the inheritance position of a surviving spouse of someone who has died intestate. For example, it provides for a surviving spouse to take the personal chattels absolutely, instead of the current right to require them to be appropriated in or towards satisfaction of the statutory sum to which he or she is entitled. The Bill also gives a surviving spouse the right to appropriate the intestate's interest in the matrimonial home in or towards satisfaction of his or her entitlement in the estate. In addition, the Bill increases substantially the amounts of the statutory legacies payable to a surviving spouse from the deceased's estate: from $50,000 to $500,000, where there is surviving issue; and from $200,000 to $1,000,000, where there are other surviving relatives but no issue. These figures were last revised in 1983 and have been considerably eroded by inflation since then.

When considering the Bill, Members of the Bills Committee suggested that the levels of the statutory legacies should be reviewed at regular intervals. We agree with this suggestion and propose to review the levels of the statutory legacies at intervals of no less than two years.

With these remarks, Mr President, I recommend the Intestates' Estates (Amendment) Bill 1994 to Members.

End/Wednesday, July 12, 1995

Intestates' Estates (Amendment) Bill 1994: committee stage

Following is the speech by the Secretary for Home Affairs, Mr Michael M Y Suen, in moving the Committee Stage of the Intestates' Estates (Amendment) Bill 1994 in making Amendments to Clauses 5, 7, 10, 11, 14 and 15 in the Legislative Council today (Wednesday):

Mr Chairman,

I move that the clauses specified be amended as set out in the paper circulated to Members.

The amendment to clause 5 explicitly provides that "the net sum payable" under clause 6 of the Bill refers to the "statutory legacies" payable to a surviving spouse under clauses 4(3) and 4(4),

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