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27 1965

SUCCESSION ACT, 1965

PART VIII

Conflict of Laws relating to Testamentary Dispositions

“Testamentary disposition”.

101. —In this Part, “testamentary disposition” means any will or other testamentary instrument or act.

Validity as regards form.

[Hague Convention, Arts. 1, 2. As to existing law, see 1861 (c. 114) ss. 1, 2]

102. —(1) A testamentary disposition shall be valid as regards form if its form complies with the internal law—

(a) of the place where the testator made it, or

(b) of a nationality possessed by the testator, either at the time when he made the disposition, or at the time of his death, or

(c) of a place in which the testator had his domicile either at the time when he made the disposition, or at the time of his death, or

(d) of the place in which the testator had his habitual residence either at the time when he made the disposition, or at the time of his death, or

(e) so far as immovables are concerned, of the place where they are situated.

(2) Without prejudice to subsection (1), a testamentary disposition revoking an earlier testamentary disposition shall also be valid as regards form if it complies with any one of the laws according to the terms of which, under that subsection, the testamentary disposition that has been revoked was valid.

(3) For the purposes of this Part, if a national law consists of a non-unified system, the law to be applied shall be determined by the rules in force in that system and, failing any such rules, by the most real connexion which the testator had with any one of the various laws within that system.

(4) The determination of whether or not the testator had his domicile in a particular place shall be governed by the law of that place.

Dispositions made on board vessel or aircraft.

[New]

103. —Without prejudice to section 102, a testamentary disposition made on board a vessel or aircraft shall also be valid as regards form if its form complies with the internal law of the place with which, having regard to its registration (if any) and any other relevant circumstances, the vessel or aircraft may be taken to have had the most real connexion.

Exercise of power of appointment.

[New]

104. —(1) Without prejudice to section 102, a testamentary disposition shall also be valid as regards form so far as it exercises a power of appointment, if its form complies with the law governing the essential validity of the power.

(2) A testamentary disposition so far as it exercises a power of appointment shall not be treated as invalid as regards form by reason only that its form is not in accordance with any formal requirements contained in the instrument creating the power.

Joint dispositions.

[Hague Convention, Art. 4]

105. —This Part shall also apply to the form of testamentary dispositions made by two or more persons in one document.

Effect of restrictions on capacity.

[Hague Convention, Art. 5]

106. —(1) For the purposes of this Part, any provision of law which limits the permitted forms of testamentary dispositions by reference to the age, nationality or other personal conditions of the testator shall be deemed to pertain to matters of form.

(2) The same rule shall apply to the qualifications that must be possessed by witnesses required for the validity of a testamentary disposition and to the provisions of section 82.

Construction of testamentary disposition.

[1861 (c. 114) s. 3]

[New]

107. —(1) The construction of a testamentary disposition shall not be altered by reason of any change in the testator's domicile after the making of the disposition.

(2) In determining whether or not a testamentary disposition complies with a particular law, regard shall be had to the requirements of that law at the time of making the disposition, but this shall not prevent account being taken of an alteration of law affecting testamentary dispositions made at that time if the alteration enables the disposition to be treated as valid.

Effect of testamentary disposition under Part VII.

[New]

108. —A testamentary disposition which under this Part is valid as regards form shall have the same effect as if it were a will executed in compliance with Part VII.