Rebuilding Britain: A Survey of Problems of Reconstruction After the World War

by Sir Alfred Hopkinson

to affect his—it might indicate the usual nature of such cases better to say "her"—judgment and power of control.

There are also a number of alterations in the law relating to the devolution of property, and to personal status which ought to be made by the new Parliament at an early date. Most of them have been suggested long ago, but as no party capital was to be made out of law reforms, such reforms have generally been neglected unless taken up by a Lord Chancellor or some other legal authority with political influence. A few of these alterations may be enumerated.

(4) The devolution of real estate in case of intestacy should be assimilated to that of personal estate. The present state of the law is often a great injustice, especially to women, and women will now be in a position to demand its amendment. If a man dies intestate, leaving a wealthy son and half a dozen daughters quite unprovided for, the son takes all the real property, and the daughters may be left penniless, but if the property happens to be leasehold for 1,000 years, the daughters share equally. The present state of the law is a survival of the time when ownership of freehold land implied personal service.

(5) Estates tail might be abolished or at least alienation of such estates made simpler.

(6) Copyhold tenure with its inconvenient incidents should be converted into freehold.

(7) Both as a means of raising revenue, and to prevent useless litigation without in any way discouraging thrift or disappointing legitimate expectations, the State should take the whole property as to which anyone dies intestate without leaving near relations. The whole subject of Death Duties needs reconsideration; a mere increase of these duties all round would cause intolerable hardship in some cases and would discourage people from attempting by careful foresight to make provision for those dependent on them, but when very large sums devolve on death to persons who are not dependents, the State might

take a much larger portion of a deceased person's property than it does at present. If a multi-millionaire dies without leaving a wife or lineal descendants, there would be no hardship in taking fifty per cent. of his property—not devoted to charitable purposes—for the State. It would not be difficult to frame provisions to meet the possibility of settlements being made to evade the duty.

(8) Legitimation by subsequent marriage would remove many cases of great hardship, and might aid in inducing fathers to recognise their duties to children for whose existence they are responsible, and also to the mothers of such children.

(9) A regular form of legal adoption should be provided by which, subject to some form of public sanction to secure that the adopting parents are fit and able to take such responsibility, persons might give children, whom they desire to adopt, a recognised legal position. The losses caused by the War make this question one of increased practical importance.

(10) The reform of the law as to marriage ought not to be longer delayed. The question has already been carefully considered by the Commission of which Lord Gorell was chairman. This subject will, no doubt, provoke controversy, and it is impossible to discuss it fully here, but delay may have serious consequences.