Married Women's Property Bill.

Thames Star, Volume XIV, Issue 4546, 31 July 1883, Page 2

Married Women's Property Bill.

Amongst the measures which Government propose to press through this session is the Married, Women's Property Bill. This may fairly be called a popular measure, though from the late period of the session at which it will necessarily be brought on, it will not receive that amount of attention to which it is entitled. The Imperial Married Women's Property Act, of which the Bill before our Parliament will, no doubt, be merely a transcript, does not alter the disposal of the wife's property in the case of her intestacy. This being; so, whenever the married woman may die intestate, all her property will go to her husband absolutely. Now, we will try to show how this is so. Our recent Administration Act enacts that in the case of an intestacy, property is considered as personal pro* perty, for the purpose of distribution, and by force of the common law affirmed by the last clause of the Statute of Frauds, 'the husband is entitled to all his wife's personality upon her intestacy under the Statute of Distributions. Heretofore, the husband's largest interest in his wife's property has been a lite interest in her realty, provided there was no|issue of the marriage, and her pore personalty absolutely. It is curious to observe how three famous old English statutes act in New Zealand. The-^ efiect however, of the lavr as it stands is apparent. It will be the policy of not a few husbands to passively or actively persuade their wives not to assert their right to make wills under the Property Act as soon as it is in force, whilst at present they cannot make willa without their husbands consent, which may be retracted at any moment before probate is granted. Children will conse* quently be not seldom absolutely in the hands of worthless or improvident fathers. ■ for their protection and provision. Even if this could be gainsaid, who would jnot wish that the sanction of the law should not be giyeu to unfairness ? But it cannot begaiuaaid. It would, therefore, be wise and just, it seems to us, for Parliament to amend the Administration Act, or to make a provision against this injustice in . the Married Woman's Property Bill. By so doing we feel convinced that ,> many family disputes mud much unhappineaa would be obviated. Of the Imperial Proyerty Act wa .would further remark that it is very indefinitely drawn •. so much so, : that it has been already found necessary ; to take the opinions of eminent counsel upon its various doubtful: point*. Mr ! Horace Davy, Q C, the great Home.auth* orjty on wills, has been especially i

consulted, so we trust that our represent tatives willbe careful not to commit themselves hastily to an unqualified adoption of the Imperial Act.—Star.