The Married Women’s Property Acts of 1870 and 1882 do not
extend to Scotland. However by the Married Woman's Policies of
Assurance (Scotland) Act 1880 the facilities introduced by S10
Married Women’s Property Act (MWPA) 1870 for effecting
policies for the benefit of married women and children in England
and Ireland were extended to Scotland.
In the opinion of the Board's Legal Advisers a reference in a
policy to either the MWPA 1882 or the MWPA (Scotland) Act 1880 is
not to be treated as conclusive of the proper law of the policy
trusts unless there are other grounds for assuming that the trusts
were intended to be regulated by the law of the country whose Act
is referred to. If there are other relevant factors (e.g. the
residence of the life assured, the beneficiaries and the trustees)
the reference to the Act should be regarded as decisive.
The question whether the proper law is that of England or
Scotland is likely to be principally relevant where, if English law
applied, the rule in
Phipps v Ackers (
IHTM20183) would be in point.
