A- SERIOUS OMISSION.

Evening Post, Volume LXVIII, Issue 48, 25 August 1904, Page 4

A- SERIOUS OMISSION.

In accepting Clause 5 of the Law Amendment Bill, which limits to twelvo years tho period within which a will mny bo attacked for testamentary incapacity or unduo influence, the House of Representatives has dewo something to check a class of action which k commonly of a speculative and sometimes of a blackmailing character Bub in passing the clause without qualification or exception, tlio Legislature may bo doing an irreparable injury to the very beneficiaries who aro most easily imposed upon, and therefore aro most in need of its help. In all ordinary cases tho statutes of limitation make express provision for tho protection of infants by refusing to allow the time to run against them until they are of full ago and full legal capacity ; but Clause 6 of this Bill supplies no such protection, though testamentary dispositions aro just the kind of transaction in which the interests of infants aro most frequently at stake. Tnko the case of a fcrotator who lias married twice and loft two families, and, moved by the undue influence of tho elder branch, liaa made a will entirely in their favour. Tho infant offspring of tho second marriage are cut off without a penny, yob if they are all under the ago of nine yeans, their remedy will be absolutely barred by Clause 5 before any of bhom is of full ago nnd capable of suing. Such a provision may clearly become the cover for monstroiM injustice, and no Legislature with its eyen open would think of adopting it. We should bo glad to think that our interpretation of the clauso is incorrect, but though it does not become us to speak too dogmatically of a Bill introduced by the Attorney-General, we fear that thoro is ho room for doubt. Though a Government measure now, fche Bill lias a private origin, and has probably been insufficiently considered by the law officers. If our viwv is correct, 'it will bo a very «impk> matter to iutroduoo the necessary *-' ><n&m" t - *• afore the Bill proceeds.