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Report No. 82

2.15. Position in England.-

We shall in due course discuss English cases relating to the effect of nomination.1 But at the present stage it is legitimate to state that in England, there is no general statutory provision of the nature contained in section 39(6) of the Insurance Act, and the matter is to be discussed2 on the basis of the presence or absence of evidence of a trust legally created or other legal obligation. Moreover what is relevant for our purpose is not what is the correct view of the present statutory provisions, but what ought to be the law3 from the point of view of social justice and the expectations of ordinary persons.

1. Paras. 5.1 to 5.6, infra.

2. See Sehebsman (in re:), (1943) 2 All ER 387 (390) (Uthwatt, J.) (Tie between widow and trustee).

3. See para. 3.1, infra.

Effect of Nomination under Section 39 of the Insurance Act, 1938 Back

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