1968-HKRS28-8-35_Part01 — Page 13

General rule

as to format validity.

1963 2. 46, IL.

Additional rules.

1963 6, 44, x 2.

Certain

requirements to be treated as formal.

1983 6. 44, 2. 3.

Construction.

of wills.

1963 4. 44. E. 4.

2

3. A will shall be treated as properly executed if its execu- tion conformed to the internal law in force in the territory where it was executed, or in the territory where, at the time of its execu- tion or of the testator's death, he was domiciled or had his habitual residence, or in a state of which, at either of those times, he was a national

4. (1) Without prejudice to section 3, the following shall be treated as properly executed—–

(u) a will executed on board a vessel or aircraft of any description, if the execution of the will conformed to the internal law in force in the territory with which, having regard to its registration (if any) and other relevant circumstances, the vessel or aircraft may be taken to bave been most closely connected;

(6) a will so far as it disposes of immovable property, if its execution conformed to the internal law in force in the territory where the property was situated:

(c) a will so far as it revokes a will which under this Ordin- ance would be treated as properly executed or revokes a provision which under this Ordinance would be treated as comprised in a properly executed will if the execution of the later will conformed to any law by reference to which the revoked will or provision would be so treated; (c) a will so far as it exercises a power of appointment, if the execution of the will conformed to the law governing the essential validity of the power.

(2) A will so far as it exercises a power of appointment shall not be treated as improperly executed by reason only that its execution was not in accordance with any formal requirements contained in the instrument creating the power.

5. Where (whether in pursuance of this Ordinance 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 quali- fications, shall be treated, notwithstanding any rule of that law to the contrary, as a formal requirement only.

6. 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.

*.

Where under this Ordinance the internal law in force în any territory or state is to be applied in the case of a will, but there are in force în 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.

8.

In determining for the purposes of this Ordinance 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.

9. (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 is valid under section 3 of the Wills Ordinance shall not be affected by any thing in this Ordinance, except insofar as the will may be revoked or altered by any subsequent will valid under this Ordinance.

This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 24th day of January, 1968, and is found by me to be a true and correctly printed copy of the said Bill.

Deputy Clerk of Councils,

(Secretariat GR 47/4841/58)

Application

where two of more

systems of law in fares in territary or state,

1963 0. M4, 1 SCH

Determination

of conformity

of execution of will to

particular law,

1961 < 44, A MIX

Extent of application.

1963 2 44, N. 714)

(Cap. 30,3