NEW PROPERTY LAW

Southland Times, Issue 19831, 30 March 1926, Page 3

NEW PROPERTY LAW

LEVELLING DOWN PROCESS. THE “HEIR” ABOLISHED. One of the most important changes brought about by Britain’s new law of property has been to equalise further the position of husband and wife. Under the old law, if a person died without making a will, all freehold land would go to the eldest son, and the widow would be entitled to “dower”—that is, an interest in life only in one-third of this property. The widow could not leave this third by wifi. On her death it reverted to the eldest son. The other children got no share in the land. If the wife died first, the husband took —not one-third—but the whole of his wife’s estate for life, provided children had been born to them alive. PROMIGENITURE GOES. Now this exclusive right of the eldest son (known as the promigeniture) is abolished. The heir-at-law no longer exists. The distinction between freehold land (realty) and other property (chattels or personality) similarly disappears, and all property descends in the same way. In the absence of a will, widow or widower take alike. , Each receives all personal belongings, furniture, jewels and motor cars. Then, in addition to this, he or she gets a further net sum of £lOOO. If the estate is less than £lOOO, the survivor takes all. If there is any residue, the widow or widower receives one-half of it for life and the other half goes to the children equally. If there is no family, the whole income goes to the suYvivor of the marriage absolutely. Everywhere the Act gives further recognition to the woman’s rights. Father and mother and grandfather and grandmother are placed on an equal footing in regard to succession, and a mother gets back the old priority over brothers and sisters which she lost in 1685. THE TENTH COUSIN. Many of the complications that have hitherto followed on an intestacy are also removed. The tenth cousin is no longer recognised at law. If there is nobody as close as a first cousin to either husband or wife, the land goes to the Crown. Another clause of the new law settles in advance the problem which has given rise to so much litigation, as to who died first when two people were killed in an accident, or where one or both died obscurely abroad. In future, in default of evidence, it must be presumed that persons died in order of seniority.