WILLS ORDINANCE ORDINANCE

WILLS ORDINANCE ORDINANCE

CHAPTER 30.

WILLS.

Relating to the execution, acknowledgment and attestatioll.
of wills and to the validation of wills made according to
Chinese law.
[14th December, 1886.]

[5th March, 1856.]

1. This Ordinance may be cited as the Wills Ordin-
ance.

2. (1) In this section 'will' has the sarne meaning as
in the Wills Act, 1837.

(2) Every will shall, so far only as regards the position
of the signature of the testator or of the person signing for
him, be deemed to be valid within the Wills Act, 1837, as
explained by this Ordinance, if the signature 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 such his signature
to the writing as his will.

(3) Without prejudice to the generality of subsection
(2) no such will shall be affected by any of the following
circumstances-
(a.)that the signature does not follow or come imme-
diately after the foot or end of the will ;
(b)that a blank space intervenes between the conclud-
ing word of the will and the signature;
(c)that the signature is placed among the words of the
testimonium clause or of the clause of attestation,
or follows or is after or under the clause of
ittestation, either with or without a blank space
intervening, or follows or is after, or under, or
beside the names or one of the names of the sub-
scribing witnesses;
(d)that the signature is on a side or page or other
portion of the paper or papers containing the wlil
whereon no clause, or paragraph, or disposing part
of the will is written above the signature; or





(e)that 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.

(4) No signature under the Wills Act, 1837, or this
Ordinance shall he 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.

3. Any written will or testamentary writing made or
acknowledged by a Chinese testator (whether a native of or
domiciled in the Colony or China) shall, if the same is
proved to have been made or acknowledged and authenticated
according to the Chinese laws or usages, so as to be, effectual
for the transmission of property according to such laws or
usages, be deemed and taken to be lawfully made and
acknowledged, and to have the same virtue and effect as
if the same had been made and acknowledged according to
the laws in force in this Colony, notwithstanding certain
formalities prescribed by such laws in force in the Colony
touching the signing, acknowledgment and attestation of
written wills or testamentary writings.
Originally 28 of 1886. Fraser 14 of 1886. 1 of 1856. Short title. Interpretation. [cf. 15 & 16 Vict. S. 24, s. 3.] (7 W. 4 & 1 Vict. C. 26.) Rules as to position of testator's signature to will. [cf. 15 & 16 Vict. S. 24, s. 1.] Validation of Chinese wills made according to Chinese law. 1 of 1856 s. 2.

Originally 28 of 1886. Fraser 14 of 1886. 1 of 1856. Short title. Interpretation. [cf. 15 & 16 Vict. S. 24, s. 3.] (7 W. 4 & 1 Vict. C. 26.) Rules as to position of testator's signature to will. [cf. 15 & 16 Vict. S. 24, s. 1.] Validation of Chinese wills made according to Chinese law. 1 of 1856 s. 2.

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