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by Munro Research

Hereditary Peerages (Succession) Bill [HL]


Official Summary

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Overview

This bill aims to allow female heirs to inherit hereditary peerages in the UK, previously only inheritable by male heirs. The bill sets out conditions for this succession, including the incumbent's petition to the Lord Chancellor, a period for objections, and age and legitimacy requirements for the female heir.

Description

Eligibility for Female Heirs

The bill makes female heirs eligible to succeed hereditary peerages in England, Scotland, Great Britain, or the United Kingdom, regardless of the terms of the original creation document of the peerage.

Requirements for Succession

The incumbent must petition the Lord Chancellor with supporting documentation, including evidence of consultation with their children and a declaration from someone familiar with the family confirming the female heir's legitimacy. A female heir must be over 21 and the oldest surviving legitimate child.

Objections and Lord Chancellor's Role

Legitimate children of the incumbent can object within three months of the petition's publication. The Lord Chancellor reviews objections, considering factors like financial implications and prior promises of succession. The Lord Chancellor's decision is final.

Rights and Responsibilities of Female Heirs

Female heirs inheriting under this act have the same rights and responsibilities as male heirs, including the right to sit in the House of Lords and the same disqualifications from the House of Commons.

Further Provisions

Once a female heir inherits, future succession will follow the same rules, subject to age and legitimacy requirements. The bill doesn't accelerate succession to existing peerages and applies separately to each peerage held by an incumbent.

Government Spending

The bill is unlikely to significantly impact government spending. The main cost would be associated with the Lord Chancellor's administration of the process, including staff time, and the publication of notices.

Groups Affected

  • Incumbents of hereditary peerages: They gain the ability to choose a female heir.
  • Female heirs: They gain the right to inherit.
  • Male heirs: They may face competition for succession from female siblings.
  • The House of Lords: The composition may change with increased female representation.
  • The Lord Chancellor: Takes on the responsibility of administering the process of succession.
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