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Report No. 82

6.8. Testamentary disposition.-

The right flowing from the amended provision (whether it be a right of the nominee or of his heirs) should be subject to any testamentary disposition of the amount to which the nomination relates, validly made by the person making the nomination, subsequent to the nomination. This qualification (though not found in the enactments relating to the Provident Fund and the like)1 is already contained in the Act,2 and may be retained, at least until the working of the proposed amendment is seen.

1. Contrast Married Woman's Property Act, 1874, section 8(1), last para.

2. As to testamentary dispositions, see section 39(2), Insurance Act, 1938.

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

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