Certain requirements to be treated as formal.
1961 c. 44, x. 1.
Construction of wills. 1961 ¤, 45, u. 6.
Application
where two or more systems of law in
force in
territory
or state.
1963 c. 44, 1. SCI)
Determination
of conformity
of execution
of will to
particular
law.
1963 4, 44, 1, 500.
Application.
8
26. Where (whether in pursuance of this Part or not) a law in force outside Hong Kong falls to be applied in relation to a will, any requirement of that law whereby special formalities are to be observed by testators answering a particular description or witnesses to the execution of a will are to possess certain qualifications, shall be treated, notwithstanding any rule of that law to the contrary, as a formal requirement only.
27. The construction of a will shall not be altered by reason of any change in the testator's domicile after the execution of the will.
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 is 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.
MISCELLANEOUS.
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 Wills Ordinance repealed by this 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, the enact- ments referred to in section 31 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.
31 (1) The Wills Ordinance is repealed.
(2) The Wills (Formal Validity) Ordinance is repealed. (3) The Schedule to the Application of English Law Ordin- ance is amended by deleting item 66.
Passed by the Hong Kong Legislative Council this day of March, 1970.
leputy Clerk of Councils.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
Deputy Clerk of Councils.
(Cap. 30)
(Cap. 13
Repeals and amendmenis.
(CAP. 10))
(CAD. 150.)
(Cap. 423