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FRIDAY, MAY 25, 1990
THE LAW REFORM COMMISSION HAS RECOMMENDED AMENDMENTS THAT WILL SUBSTANTIALLY RELAX THESE FORMAL REQUIREMENTS. THE PROPOSED AMENDMENT RETAINS THE PRESENT REQUIREMENT THAT THE TESTATOR SIGNS THE WILL IN THE PRESENCE OF TWO WITNESSES.
WHILST THE EXISTING FORMAL REQUIREMENTS OF WILLS ARE OVERLY STRINGENT, THEY ARE ACCOMPANIED BY A PROVISION WHICH IS EXCESSIVELY LAX. THE PROVISION PRESENTLY PROVIDES THAT ANY WILL OF A CHINESE TESTATOR, WRITTEN WHOLLY OR SUBSTANTIALLY IN CHINESE AND SIGNED BY THE TESTATOR, SHALL BE VALID ALTHOUGH FAILING TO COMPLY WITH ANY OF THE FORMALITIES.
THIS PROVISION ALLOWS INFORMAL WILL-MAKING MAJORITY OF THE POPULATION WITHOUT ANY FORMAL AUTHENTICITY.
BY THE VAST CHECK AS ΤΟ
THE COMMISSION CONSIDERS THIS LACK OF SAFEGUARDS AGAINST FORGERY AND THE LIKE UNSATISFACTORY. IN THE LIGHT OF RECENT LEGISLATIVE INITIATIVES IN OTHER COMMON LAW JURISDICTIONS, THE COMMISSION HAS RECOMMENDED THE REPLACEMENT OF THE PRESENT PROVISION RELATING TO CHINESE WILLS.
IT RECOMMENDS A PROVISION APPLYING TO ALL WILLS TO THE EFFECT THAT IF THE DOCUMENT IS SIGNED BY OR ON BEHALF OF THE TESTATOR AND IT APPEARS TO THE COURT TO BE ONE WHICH THE TESTATOR INTENDED TO BE HIS WILL, THEN REGARDLESS OF ITS COMPLIANCE WITH THE FORMAL REQUIREMENTS IT IS A VALID WILL. THE COMMISSION BELIEVES THAT THIS PROVISION WILL ENSURE BOTH SIMPLICITY AND RELATIVE CERTAINTY IN THE LAW.
THE COMMISSION HAS ALSO RECOMMENDED A NUMBER OF LESS FUNDAMENTAL AMENDMENTS TO THE WILLS ORDINANCE WITH THE AIM OF REMOVING THE ANOMALIES · THAT THE SOMETIMES ARCHAIC EXISTING LEGAL PROVISIONS HAVE CREATED.
MANY PEOPLE DIE WITHOUT LEAVING WILLS AND ARE THEN SAID TO HAVE DIED "INTESTATE". THE INTESTATES' ESTATES ORDINANCE 1971 GOVERNS THE MANNER IN WHICH AN INTESTATE ESTATE IS TO BE ADMINISTERED.
THE ORDINANCE CONTAINS A NUMBER OF RULES WHICH ARE BASED UPON THE ASSUMPTION THAT PEOPLE WHO DIE INTESTATE WOULD, IF THEY HAD MADE A WILL, HAVE WISHED TO PROVIDE FOR THEIR NEAR RELATIONS.
THE PRIMARY ASSUMPTION IS THAT PEOPLE WISH ΤΟ PROVIDE FOR THEIR WIDOWS OR WIDOWERS AND FOR THEIR CHILDREN EQUALLY.
BUT IN THE COMMISSION'S VIEW THE INSUFFICIENTLY IMPLEMENTS THESE ASSUMPTIONS.
EXISTING
ORDINANCE
SPOUSE IS
AT PRESENT WHERE THERE ARE CHILDREN A SURVIVING ENTITLED TO ONLY $50,000 AND ONE HALF OF THE REMAINDER OF THE ESTATE, AND WHERE THERE ARE NO CHILDREN THE AMOUNT IS $200,000.
/THE COMMISSION