1970 Ed.]
Wills.
PART III.
[CAP. 30
7
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 executed, or in the territory where, at the time of its 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 have 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.
26. Where (whether in pursuance of this Part 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 qualifications, shall be treated, notwithstanding any rule of that law to the contrary, as a formal requirement only.
27. 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.
General rule as to formal validity.
1963 c. 44, s. 1.
Additional rules. 1963 c. 44, s. 2.
Certain requirements to be treated as formal.
1963 c. 44, s. 3.
Construction of wills. 1963 c. 44, s. 4.
1970 Ed.]
Wills.
PART III.
[CAP. 30
7
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 executed, or in the territory where, at the time of its 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 have 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.
26. Where (whether in pursuance of this Part 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 qualifications, shall be treated, notwithstanding any rule of that law to the contrary, as a formal requirement only.
27. 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.
General rule
as to formal validity.
1963 c. 44, s. 1.
Additional rules. 1963 c. 44, s. 2.
Certain
requirements to be treated as formal.
1963 c. 44, s. 3.
Construction of wills. 1963 c. 44, s. 4.
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