The law is further ambiguous because of the lack of detail in the Act. This leads to the question of why the government wants to change the Cestui Que Vie Act 1666 section IV. This is because the Act is vague and would not pass the test of the Bill of Rights.
The above sections are only examples of the terms commonly used in this context. The law is ambiguous because there are no details of implementation contained in the Act. It is therefore left up to the officers of the court to decide how evidence is presented and accepted.
The Bill of Rights Act 1990 section 10 provides that every person has the right to a fair and public hearing by a fair and independent tribunal. The section 11 states that all persons are equal before the law and have an equal right to the protection of the law.
The Act 1666 section 15 states that this is for the interest of the wife and children, and upon the death of the husband or father, the interest of the wife and children in the property will devolve to such children as shall be born of the marriage.
With the exception of the Proclamation (Evidence) Act 1929 section 12, the main case law influencing the evidence to prove death has been in the context of wills, probate and testamentary capacity. This was also the intention of the original Cestui Que Vie Act 1666 .
This ruling indicates a trust in the nature of the evidence and the person who provides it. In the 1870s there was doubt over whether HMP or Dr Rickards' certificate or some other evidence was sufficient to satisfy the Act 1666, section IV. A discussion ensued which led to the law being clarified in 1929 under the Proclamation (Evidence) Act 1929 section 12.
With the introduction of the Probate Act 1978 section 58, notice of the death of the decedent must be given to the Court of Protection. The court is required to publish notice in at least one newspaper.
This Act and the subsequent law has never been tested in its entirety, however it has been tested in the context of wills, probate and testamentary capacity and the law has been refined around these areas.
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