1970-HKRS29-8-37_Part02 — Page 51

Revoked will not revived otherwise than by re- execution or codicil.

1837 c. 26, n. 22.

Subsequent

KONYCYATIEG or other act not to prevent Operation of will.

1837 4, 26. 1. 21.

Will to speak from death of teslator.

1837 4. 26, m, 24.

General dia- position of land to include

leasehold.

lo. 1837 c. 26, *. 20J

General dis-

position of property to include

property over which testator has a general power of appointment. let. 1887 e. 26. N. 27.1

Meaning of "die without issue" etc. kt. 1837 4. 26,

*. 29.1

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17. (1) No will or any part thereof, which is in any manner revoked, shall be revived otherwise than by the ro-execution thereof or by a codicil executed in accordance with section 5 and showing an intention to revive it.

(2) When any will which is partly revoked, and afterwards wholly revoked, is revived, such revival shall not extend to so much thereof as was revoked before the revocation of the whole thereof, unless an intention to the contrary is shown.

18. No conveyance or other act made or done subsequently to the execution of a will of or relating to any property comprised therein, except an act by which the will is revoked in accordance with section 15. shall prevent the operation of the will with respect to any estate or interest in such property which the testator has power to dispose of by will at the time of his death.

19. Every will shall, with reference to the property com- prised in it, be construed to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention appears from the will.

20. A general disposition of land shall be construed to include leasehold interests, unless a contrary intention appears from the will.

21. A general disposition of property shall be construed lo include any property which the testator may have power to appoint in any manner he may think proper and shall operate as an execution of such power, unless a contrary intention appears from the will.

22. In a disposition of property, the words "die without issue", or "die without leaving issue", or "have no issue”, or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death. or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in his lifetime or at the time of his death, and not an indefinite failure of issue unless a contrary intention appears from the will.

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23. Where a person, being a child or other issue of the testator to whom any property is given for any estate or interest not determinable at or before the death of that person, dies in the lifetime of the testator leaving issue, and any such issue of that person is living at the time of the death of the testator, the gift shall not lapse but shall take effect as if the death of that person had happened immediately after the death of the testator, unless a contrary intention appears from the will.

PART III.

CONFLICT OF LAWS RELATING TO TESTAMentary DispoSITIONS.

24. A will shall be treated as properly executed if its execution conformed to the internal law in force in the territory where it was exécuted, or in the territory where, at the time of ils execution 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.

25. (1) Without prejudice to section 24, the following shall be treated as properly executed—

(a) 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;

(b) 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 Part would be treated as properly executed or revokes a provision which under this Part 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; (d) 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.

Gifts to children or other issue who leave issue living at the testator's death.

let 1837 6. 1. 13.)

General rule as to formal validity.

1963 4. 44. AL

Additional rules,

(90 G. 44, *. *.