Details of past act

David made this Freedom of Information request to Ministry of Justice

The request was partially successful.

From: David

19 December 2010

Dear Ministry of Justice,

Could you please explain what the Cestui que Vie Act 1666 is
please, provide all information available.

is this act still effect or was it revoked or re-written?

Yours faithfully,

David Bolwell

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From: David

21 January 2011

Dear Ministry of Justice,

You should have answered by now. If you do not hold the information
with regards to this act please pass me on to the department which
does.

Yours faithfully,

David

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From: David

27 January 2011

Dear Ministry of Justice,

please respond to my request or tell me which department i should
direct it too.

Yours faithfully,

David

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From: Data Access & Compliance Unit
Ministry of Justice

27 January 2011

Dear David, Please can you provide us with more information on your
request

Regards

Data Access and Compliance Unit
6TH floor 102 Petty France.
Post point 6.25
London
SW1H 9AJ

Email [email address]

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From: David

29 January 2011

Dear Data Access & Compliance Unit,

I asked what the Cestui que Vie Act 1666 is.
I also asked if it has ever been amended or repealed and i asked if
it is still in effect.
Please provide as much information as you can about this act.

Yours sincerely,

David

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From: David

9 February 2011

Dear Data Access & Compliance Unit,

Any chance of a reply to my question?

Yours sincerely,

David

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JohnM left an annotation ( 9 February 2011)

Quote-marks At the beginning of the year I went through all the Ministry of Justice FOI requests.

The conclusions :-
a) They are the worst official body at responding
b) They are the worst in obfuscation or (pretending not to understand the request)
c) They rarely answer in the 20 working days stipulated by the FOI Act

Keep at it, David. Do not give up.

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From: Data Access & Compliance Unit
Ministry of Justice

10 February 2011

Dear David, Please can you forward the original request so that I can
track progress of your request.

Regards

Data Access and Compliance Unit
6TH floor 102 Petty France.
Post point 6.25
London
SW1H 9AJ
Email Data access and complaince unit

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From: David

10 February 2011

Dear Data Access & Compliance Unit,

What is it with you guys, you can see the request here

http://www.whatdotheyknow.com/request/de...

surely it isnt that hard to read the thread.

I asked what the Cestui que Vie Act 1666 is.
I also asked if it has ever been amended or repealed and i asked if
it is still in effect.
Please provide as much information as you can about this act.

I am already long overdue a response as required by law so please
answer promptly.

Yours sincerely,

David

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From: David

18 February 2011

Dear Data Access & Compliance Unit,

please provide a response.

http://www.whatdotheyknow.com/request/de...

check the link for full details of my question.

Yours sincerely,

David

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From: David

18 February 2011

Dear Ministry of Justice,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Ministry of Justice's
handling of my FOI request 'Details of past act'.

I posted my original question on the 19th of December, that is over
2 months ago. You have failed to respond. Please investigate why no
response has been forth coming and please provide a response ASAP.
You would think that the Ministry of Justice would uphold laws
wouldn't you.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/de...

Yours faithfully,

David

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From: Data Access & Compliance Unit
Ministry of Justice

18 February 2011

Dear MCU,

Please can you inform David of the latest development in this.

Regards

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From: Hughes, Paul \(Civil Law\)
Ministry of Justice

18 February 2011

Dear Mr Bolwell,

Thank you for your e-mail of 19 December 2010 to the Data Access and
Compliance Unit in which you ask for information about the Cestui que Vie
Act 1666. You ask what the Act is about and whether or not it is still in
effect. Your e-mail has been passed to me for reply as I work in the part
of the department responsible for issues relating to the presumption of
death. Your e-mail is not being dealt with under the Freedom of
Information Act 2000. I am sorry for the delay in sending you a reply.

The Cestui que Vie Act 1666 is still in force but parts of it have been
amended or repealed over the years. Specifically:

The preamble was amended by the Statute Law Revision Act 1948;

Section 2 was repealed by the Statute Law Revision Act 1948;

Section 3 was repealed by the Statute Law Revision Act 1863; and

Section 4 was amended by the Statute Law Revision Act 1888.

The Act provides for the recovery of a lease where the life tenant
has disappeared for seven or more years and there is no proof that the
person is still alive. In this situation, the Act gives the court the
power to declare the life tenant dead. Th ere are very few references to
the statute in the textbooks I have checked, suggesting it is little used.
The following extract was taken from Halsbury's Statute Volume 20
(2009 reissue).

In the normal form of a strict settlement (which by virtue of the
[1]Trusts of Land and Appointment of Trustees Act 1996, s 2, cannot in
general be created on or after 1 January 1997) a limitation to a life
tenant invariably precedes one to a tenant in tail in order to restrict
the tenant in tail's power to bar the entail. Save where there is a trust
for sale, the land will fall within the [2]Settled Land Act 1925 (see s 1
of that Act) and, if the life tenant is of full age, he will be the
statutory tenant for life under s 19 of that Act, in whom the fee simple
should be vested in trust for himself and the remaindermen. The Cestui que
Vie Acts 1666 and 1707 help to ascertain whether a life tenant is still
alive.

If you have a problem to which the Act relates I can only recommend that
you take independent legal advice. If you do not have an adviser
your local Citizens Advice Bureau or Community Legal Advice Centre may be
able to help him find one. Information about Community Legal Advice can
also be found on its website: [3]www.communitylegaladvice.org.uk or by
telephoning 0845 345 4345.

I hope you find this information helpful.

Yours sincerely,

Kirsty Milliam

Ministry of Justice
102 Petty France
London
SW1H 9AJ

Tel: 020 3334 3207
E-mail: [4][email address]

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References

Visible links
1. https://www.lexisnexis.com/uk/legal/sear...
2. https://www.lexisnexis.com/uk/legal/sear...
3. http://www.communitylegaladvice.org.uk/
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From: David

22 February 2011

Dear Hughes, Paul (Civil Law),

thank you for your reply. I ask because research i have done has
led me to the conclusion that what this act did in 1666 was declare
every living person with in the country as dead and lost at sea.
The state there for took everybody and their property into trust.
The state therefore owned the title to every person and their
property. Could you see if you have any information with regards to
this.

Also where is it possible to read the original act as it was passed
in 1666

Can you also confirm the exact date this bill was passed as i
believe it was passed while the great fire of london was still
raging.

Yours sincerely,

David

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From: Hughes, Paul \(Civil Law\)
Ministry of Justice

22 February 2011

Dear David

I'm sorry I don't have ready access to the actual date of Royal Assent.
I think you have misunderstood the Act. Its effect is briefly described
in Ms Milliam's reply.

Yours sincerely,

Paul Hughes

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