CAP. 30]
Wills.
[1970 Ed.
Privileged wills.
[cf. 1837 c. 26, s. 11, and 1918 c. 58.]
Appointment by will.
[cf. 1837 c. 26, s. 10.]
Publication of will not necessary.
1837 c. 26, s. 13.
Will not void on account of incompetency of witness.
1837 c. 26, s. 14.
Avoidance of witnesses and their spouses. [cf. 1837 c. 26, s. 15.]
6. (1) Any member of Her Majesty's Forces being in actual naval, military or air force service, and any mariner or seaman being at sea, may--
(a) dispose of any of his property;
(b) exercise any power of appointment; or
(c) appoint a person as guardian of his infant children by will,
without complying with any of the rules specified in subsection (1) of section 5.
(2) For the avoidance of doubt, it is hereby declared that a person referred to in this section is authorized to dispose of his property by will though he is under the age of twenty-one years.
7. (1) No appointment made by will, in exercise of any power, shall be valid unless it is executed in accordance with section 5.
(2) Every will so executed shall, so far as concerns its execution and attestation, be a valid execution of a power of appointment by will, notwithstanding that it has been expressly required that a will made in exercise of such power shall be executed with some additional or other form of execution or solemnity.
8. Every will executed in accordance with section 5 shall be valid without any other publication thereof.
9. If a person who attests the execution of a will is, at the time of execution or at any time afterwards, incompetent to be admitted a witness to prove the execution, the will shall not on that account be invalid.
10. (1) If a person attests the execution of a will, and any gift to attesting disposition of or affecting any property (other than charges and directions for the payment of any debt) is given or made by the will to that person or his spouse, that disposition shall, so far only as concerns the person attesting the execution of the will, or the spouse of that person, or any person claiming under that person or spouse, be void.
1968 c. 28, s. 1.
(2) The person so attesting shall be admitted as a witness to prove the execution of the will, or to prove the validity or invalidity thereof, notwithstanding such disposition.
(3) For the purposes of subsection (1) of this section, the attestation of a will by a person to whom or to whose spouse there is given or made any such disposition as is described in that subsection shall be disregarded if the will is duly executed without his attestation and without that of any other such person.
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