00
CAP. 30]
Wills.
[1970 Ed.
Application where two or more systems of law in force in territory or state.
1963 c. 44, s. 6(2).
Determination of conformity of execution of will to particular law.
1963 c. 44, s. 6(3).
Application.
(Cap. 30, 1964 Ed.)
(Cap. I.)
(Cap. 30, 1964 Ed.)
(Cap. 350, 1964 Ed.)
(Cap. 88.)
28. Where under this Part the internal law in force in any territory or state is to be applied in the case of a will, but there are in force in that territory or state two or more systems of internal law relating to the formal validity of wills, the system to be applied shall be ascertained as follows-
(a) if there is in force throughout the territory or state a rule indicating which of those systems can properly be applied in the case in question, that rule shall be followed; or
(b) if there is no such rule, the system shall be that with which the testator was most closely connected at the relevant time, and for this purpose the relevant time is the time of the testator's death where the matter is to be determined by reference to circumstances prevailing at his death, and the time of execution of the will in any other case.
29. In determining for the purposes of this Part whether or not the execution of a will conformed to a particular law, regard shall be had to the formal requirements of that law at the time of execution, but this shall not prevent account being taken of an alteration of law affecting wills executed at that time if the alteration enables the will to be treated as properly executed.
PART IV.
APPLICATION.
30. (1) This Ordinance shall not apply to a will of a testator who died before the commencement of this Ordinance and shall apply to a will of a testator who dies after its commencement whether the will was executed before or after its commencement, but so that a will which was executed before its commencement and which, but for the provisions of this Ordinance, would be valid shall not thereby be invalidated.
(2) The validity of a will which was valid under section 3 of the repealed Wills Ordinance shall not be affected by any thing in Part III, except insofar as the will may be revoked or altered by any subsequent will valid under this Ordinance.
(3) Without prejudice to the general application of section 23 of the Interpretation and General Clauses Ordinance-
(a) the repealed Wills Ordinance,
(b) the repealed Wills (Formal Validity) Ordinance, and
(c) the deleted item 66 of the Schedule to the Application of English Law Ordinance,
shall continue to apply to the will of any person dying before the commencement of this Ordinance, as if this Ordinance had not been passed.