EFFORT TO VARY WILL

Wanganui Chronicle, Volume 89, Issue 276, 22 November 1945, Page 4

EFFORT TO VARY WILL

BILL BEFORE HOUSE AMENDED COMMITTEE RECOMMENDS MATTER BE DECIDED BY SUPREME COURT (Special). Wellington, Nov. 21. The Select Committee of the House of Representatives reported to-day on the John Duncan McGruer Bill, with amendments, which will unable the Supreme Court, instead of Parliament, to revise the will if a case for alteration is sustained. The original Bill provided that, notwithstanding anything to tne contrary in John Duncan McGruer’s will, his son, Eoin Harvey McGruer, should be paid an annuity of £5OO in quarterly instalments, this payment to rank for priority after all bequests, excepting charitable bequests to certain organisations. The Select Committee deleted this clause, and substittued a provision that the Supreme Court be authorised to inquire into the provision which should be made for E. H. McGruer, and to vary the trusts of the testator’s will accordingly. The Court, in considering any application, is authorised, under the terms of the clause added by the committee, to overlook the strict rules of evidence, but may receive such evidence and “draw such conclusions therefrom as it thinks fit, and may have regard to the circumstances arising subsequently to, as well as those exisfing at, the death of the testator.” The Bill has also been amended to include authority to pay out off the estate the costs of all parties in respect of the promotion of a private Bill, and anj' application under its terms to the Supreme Court. The committee’s report w’as laid on the table without discussion.