Appointment by will. let. 1837 e. 26, 1. 10.1
Publication of
will not
necessary.
1837 e. 26, s. 11.
Will not void on account of incompetency of witness.
1837 c. 26, 1, 14.
Avoidance of pifts Lo attesting witnesses and their apouses. day. 1837 c. 24,
15.1
1968 c. 28, ≈ 1.
Creditor attesting will charging
estale with
debts admis- sible as
wildess.
1837 2. 36, 4. 16,
(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.
T. (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 accoum be invalid.
10. (1) If a person attests the execution of a will, and any 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.
(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.
11. If by will any property is charged with any debt and a creditor, or the spouse of a creditor, whose debt is so charged, attests the execution of the will, the creditor, notwithstanding such charge, shall be admitted a witness to prove the execution of the will, or to prove the validity or invalidity thereof.
5
12. A person shall not, by reason only of his being an executor of a will, be incompetent to be admitted a witness to prove the execution of such will, or a witness to prove the validity or invalidity thereof.
13. (1) A will shall be revoked by the subsequent marriage of the testator except a will expressed to be made in contemplation of that marriage.
(2) This section shall not apply to a will made in exercise of a power of appointment when the property thereby appointed would not, in default of the appointment, pass to the personal representative of the testator.
14. No will shall be revoked by any presumption of an intention on the ground of an alteration in circumstances.
15. No will or any part thereof shall be revoked otherwise than
(a) by marriage as provided by section 13; or
(b) by another will executed in accordance with section 5; or (c) by a written revocation executed in the manner in which
the will was executed; or
(d) by the burning, tearing or otherwise destroying of it by the testator, or by some person in his presence and by his direction, with the intention of revoking it.
16. (1) No obliteration, interlineation, or other alteration made in a will after execution shall be valid or have any effect. except so far as the words or effect of the will before such alteration are not apparent, unless such alteration is executed in the manner in which the will was executed.
(2) The will, with such alteration as part thereof, shall be deemed to be duly executed if the signature of the testator, and the signature of each witness if any is required, is made-
(a) in the margin or on some other part of the will opposite
or near to such alteration; or
(b) at the foot or end of or opposite to a memorandum referring to such alteration and written at the end or some other part of the will.
Executor admissible as witness. Jez. 1837 c. 36. 1. 17.)
Revocation of will by marriage.
fol. 1837 c. 28.
* 10. and 1925 2. 20. 177.
No revocation by presump- tion from altered cir- cumstances. (837 4. 26, 1. 19.
Modes of revocation of will, let. 1937 26. 4 10.1
Alterations in will after execution.
IM37 <. 26, ■ 21.
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