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Report No. 66

8.54. Recommendation to add another proviso to section 39(7), Insurance Act.-

The proviso to section 39(7), Insurance Act, quoted above1 may create hardship in certain cases.2 Where, by mistake, a person creates both a trust under section 6 of the Act of 1874, and a nomination under section 39 of the Insurance Act, the question may arise, which of the two should prevail. Obviously, as a matter of policy, the trust should prevail, being more beneficial and effective so far as the wife and the children are concerned. In regard to such a situation, the rule enacted in the present proviso to section, 39(7) should not apply, and we are recommending the addition of a suitable proviso to section 39(7), in a later chapter3 of this Report.

1. Para. 8.53, supra.

2. This point is in addition to the point in para. 8.42, supra.

3. Para. 15.6, infra.

Married Womens Property Act, 1874 Back

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