1964_WILLS_ORDINANCE — Page 4

HK Historical Laws 香港歷史法例 All AI Reviewed

1970 Ed.]

Wills.

[CAP. 30

3

Rule 2. Such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and each witness shall attest by his signature the signature of the testator, or of the person signing for him, in the presence of the testator, but no form of attestation shall be necessary.

Rule 3. It is sufficient if the signature of the testator, or of the person signing for him, is so placed at or after, or following, or under, or beside, or opposite to the end of the will, that it is apparent on the face of the will that the testator intended to give effect by the signature to the writing signed as his will.

Rule 4. Without prejudice to the generality of Rule 1, a will shall not be affected if-

(a) the signature does not follow or is not immediately after the foot or end of the will; or

(b) a blank space intervenes between the concluding word of the will and the signature; or

(c) the signature-

(i) is placed among the words of the testimonium clause or of the clause of attestation; or

(ii) follows or is after or under the clause of attestation, either with or without a blank space intervening; or

(iii) follows or is after, or under, or beside the names or one of the names of the attesting witnesses; or

(d) the signature is on a side or page or other portion of the papers containing the will on which no clause or paragraph or disposing part of the will is written above the signature; or

(e) there appears to be sufficient space on or at the bottom of the preceding side or page or other portion of the same paper on which the will is written to contain the signature.

Rule 5. A signature shall not be operative to give effect to any disposition or direction which is underneath or which follows it, nor shall it give effect to any disposition or direction inserted after the signature is made.

(2) Any will of a Chinese testator written wholly or substantially in Chinese and signed by the testator shall be valid and duly executed although not executed in accordance with the rules set out in subsection (1).

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1970 Ed.] Wills. [CAP. 30 3 Rule 2. Such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and each witness shall attest by his signature the signature of the testator, or of the person signing for him, in the presence of the testator, but no form of attestation shall be necessary. Rule 3. It is sufficient if the signature of the testator, or of the person signing for him, is so placed at or after, or following, or under, or beside, or opposite to the end of the will, that it is apparent on the face of the will that the testator intended to give effect by the signature to the writing signed as his will. Rule 4. Without prejudice to the generality of Rule 1, a will shall not be affected if- (a) the signature does not follow or is not immediately after the foot or end of the will; or (b) a blank space intervenes between the concluding word of the will and the signature; or (c) the signature- (i) is placed among the words of the testimonium clause or of the clause of attestation; or (ii) follows or is after or under the clause of attestation, either with or without a blank space intervening; or (iii) follows or is after, or under, or beside the names or one of the names of the attesting witnesses; or (d) the signature is on a side or page or other portion of the papers containing the will on which no clause or paragraph or disposing part of the will is written above the signature; or (e) there appears to be sufficient space on or at the bottom of the preceding side or page or other portion of the same paper on which the will is written to contain the signature. Rule 5. A signature shall not be operative to give effect to any disposition or direction which is underneath or which follows it, nor shall it give effect to any disposition or direction inserted after the signature is made. (2) Any will of a Chinese testator written wholly or substantially in Chinese and signed by the testator shall be valid and duly executed although not executed in accordance with the rules set out in subsection (1).
Baseline (Original)
1970 Ed.] Wills. [CAP. 30 3 Rule 2. Such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and each witness shall attest by his signature the signature of the testator, or of the person signing for him, in the presence of the testator, but no form of attestation shall be necessary. Rule 3. It is sufficient if the signature of the testator, or of the person signing for him, is so placed at or after, or following, or under, or beside, or opposite to the end of the will, that it is apparent on the face of the will that the testator intended to give effect by the signature to the writing signed as his will. Rule 4. Without prejudice to the generality of Rule 1, a will shall not be affected if- (a) the signature does not follow or is not immediately after the foot or end of the will; or (b) a blank space intervenes between the concluding word of the will and the signature; or (c) the signature- (i) is placed among the words of the testimonium clause or of the clause of attestation; or (ii) follows or is after or under the clause of attestation, either with or without a blank space intervening; or (iii) follows or is after, or under, or beside the names or one of the names of the attesting wit- nesses; or (d) the signature is on a side or page or other portion of the papers containing the will on which no clause or paragraph or disposing part of the will is written above the signature; or (e) there appears to be sufficient space on or at the bottom of the preceding side or page or other portion of the same paper on which the will is written to contain the signature. Rule 5. A signature shall not be operative to give effect to any disposition or direction which is underneath or which follows it, nor shall it give effect to any disposition or direction inserted after the signature is made. (2) Any will of a Chinese testator written wholly or sub- stantially in Chinese and signed by the testator shall be valid and duly executed although not executed in accordance with the rules set out in subsection (1).
2026-05-05 17:03:23 · Baseline
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1970 Ed.]

Wills.

[CAP. 30

3

Rule 2. Such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and each witness shall attest by his signature the signature of the testator, or of the person signing for him, in the presence of the testator, but no form of attestation shall be

necessary.

Rule 3. It is sufficient if the signature of the testator, or of the person signing for him, is so placed at or after, or following, or under, or beside, or opposite to the end of the will, that it is apparent on the face of the will that the testator intended to give effect by the signature to the writing signed as his will.

Rule 4. Without prejudice to the generality of Rule 1, a will

shall not be affected if-

(a) the signature does not follow or is not immediately

after the foot or end of the will; or

(b) a blank space intervenes between the concluding

word of the will and the signature; or

(c) the signature-

(i) is placed among the words of the testimonium clause or of the clause of attestation; or

(ii) follows or is after or under the clause of attestation, either with or without a blank space intervening; or

(iii) follows or is after, or under, or beside the names or one of the names of the attesting wit- nesses; or

(d) the signature is on a side or page or other portion of the papers containing the will on which no clause or paragraph or disposing part of the will is written above the signature; or

(e) there appears to be sufficient space on or at the bottom of the preceding side or page or other portion of the same paper on which the will is written to contain the signature.

Rule 5. A signature shall not be operative to give effect to any disposition or direction which is underneath or which follows it, nor shall it give effect to any disposition or direction inserted after the signature is made.

(2) Any will of a Chinese testator written wholly or sub- stantially in Chinese and signed by the testator shall be valid and duly executed although not executed in accordance with the rules set out in subsection (1).

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