WILLS ACT AMENDMENT ORDINANCE, 1886
Title
WILLS ACT AMENDMENT ORDINANCE, 1886
Description
S*hort title.
0 P DINANCE No. 29.oF 1896.
Wills Act Amendment.
No. 28 0f 1886.
His & 1e Vic. An Ordinance entitled An Ordinance to ame?zd the Law
relating
.c. 2g.]
to wills. .
[ 14th December, 1886.]
~E it enacted by the Governor of Honghong, with the advice of the
Legislative Council thereof, as follows:-
1. This Ordinance may be cited for all purposes as ' The Wills Act
Amendment Ordinance, .886.'
rnterpxeta. 2 The expression 'Principal Act' in this Ordinance shall mean
r-ion.
~aw Act passed in the i th year of the reign of His Majesty Icing WILLIAM
the 4th, and the 1st year of the reign of Her Present Majesty Queen
VICTORIA chapter 26 entitled ' An Act ,fo)° the Amenrlnnent of the Laze.?
with respect to M113,' and
Iuterpre;ta- The word ' TIjill' shall in the construction of this
Ordinance be
tide
of Wily,` interpreted in like manner as the same is directed to be
interpreted under
[lg&16Yic.
~C. 24; g. a.; . the provisions m this behalf contained in the Principal
Act.
Repeal
. R3. `So much of Ordinance No. 3. of 184 as relates to the Act passed
in the lath and 16th years of Her present Majesty chapter 24 is hereby
re-pealed, but such repeal sha'll-not affect any past operation of the
said
Ordinance or any thing done ur suffered thereunder.
~ha1l be
4. Every will shall so
When 'will fur only as regards the position of the signa,-
deemea. val I id tore of the testator, or of the person signing for him as
aforesaid, be
as xerle the
position. uf deemed to be valid within the Principal Act as explained by
this Ordi-
tie testator's
oijgnattuxe- nanee, if the signature shall be so placed at or after, or
following, or
[xs &rs vic d: 24, 6. x.] under; or beside, or opposite to the end of the
will,~that it shall be appa-
rent on the face of the will that the jestator intended to give effect by
such. leis signature to the writing as his will ; and no such will shall
be
affected by the circumstance that the signature shall not follow or be
imrriediat ely after the foot or end of the will, or by the circumstance
that
a blank space shall intervene between the concluding word of the will
and the signature, or by the circumstance that the signature shall be
placed- among- the words of the testimonium clause or of the clause of=
attestation, or shall follow or be after or under the clause of
attestation,
either with or without a bunk space intervening or shall. follow or be
after,
or~ uncler , or beside the names or o6e of the names of the subscribing
witnesses, or by the circumstance that -the signa,tur,~ shall. be on a
side,
ORDINANCE No. 28 of 1886.
Wills Act Amendment.
-or page or other portion of tile paper or papers containing the will
whereon
no clause or paragraph or disposing part of the will shall be written
above
the sinnature, or by the circumstance that there shall appear to be
sufl'1-
-cient 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; 4nd the enumeration of the above circumstances shall not
restrict the generality of the above enactment; but no signature under the
Principal Act or this Ordinance shall 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
~shiall be made.
5. '1 'he preceding provisions of this Ordinance shall extend and be
o1'tilllfhlll'.e
extena to
ahl)lied to every will made prior to the 31st October, 1854, and taking
certain .,.ills
rilread` male,
effect in the Colon-, administration to which or probate of which had not
(l;, & 1s vie.
up to that date been granted or ordered by a Court of competent ,jUris-
diction in consequence of the defective execution of such will, car where
the property not being NVithin the jurisdiction of the Snpreme Court has
not been possessed or enjoyed by some person or persons claiming to be
-entitled thereto in consequence of the defective execution of such will,
or
the right thereto shall not halve been decided to be in some other person
or persons than the persons claiming under the will, by a Court of com-
petent jurisdiction in consequence of the defective execution of such
will,
and to every will made since the 31st of October, 1854.
2046
[15 & 16 Vic. c. 26.]
Short title.
Interpretation.
Interpretation o Wills.
[15 & 16 Vic. c. 24, s. 3.]
Repeal.
When will shall be deemed valid as regards the position of the testator's signature.
[15 & 16 Vic. c. 24, s. 1.]
2047
Ordinance extend to certain wills already made.
[15 & 16 Vic. c. 24, s. 2.]
0 P DINANCE No. 29.oF 1896.
Wills Act Amendment.
No. 28 0f 1886.
His & 1e Vic. An Ordinance entitled An Ordinance to ame?zd the Law
relating
.c. 2g.]
to wills. .
[ 14th December, 1886.]
~E it enacted by the Governor of Honghong, with the advice of the
Legislative Council thereof, as follows:-
1. This Ordinance may be cited for all purposes as ' The Wills Act
Amendment Ordinance, .886.'
rnterpxeta. 2 The expression 'Principal Act' in this Ordinance shall mean
r-ion.
~aw Act passed in the i th year of the reign of His Majesty Icing WILLIAM
the 4th, and the 1st year of the reign of Her Present Majesty Queen
VICTORIA chapter 26 entitled ' An Act ,fo)° the Amenrlnnent of the Laze.?
with respect to M113,' and
Iuterpre;ta- The word ' TIjill' shall in the construction of this
Ordinance be
tide
of Wily,` interpreted in like manner as the same is directed to be
interpreted under
[lg&16Yic.
~C. 24; g. a.; . the provisions m this behalf contained in the Principal
Act.
Repeal
. R3. `So much of Ordinance No. 3. of 184 as relates to the Act passed
in the lath and 16th years of Her present Majesty chapter 24 is hereby
re-pealed, but such repeal sha'll-not affect any past operation of the
said
Ordinance or any thing done ur suffered thereunder.
~ha1l be
4. Every will shall so
When 'will fur only as regards the position of the signa,-
deemea. val I id tore of the testator, or of the person signing for him as
aforesaid, be
as xerle the
position. uf deemed to be valid within the Principal Act as explained by
this Ordi-
tie testator's
oijgnattuxe- nanee, if the signature shall be so placed at or after, or
following, or
[xs &rs vic d: 24, 6. x.] under; or beside, or opposite to the end of the
will,~that it shall be appa-
rent on the face of the will that the jestator intended to give effect by
such. leis signature to the writing as his will ; and no such will shall
be
affected by the circumstance that the signature shall not follow or be
imrriediat ely after the foot or end of the will, or by the circumstance
that
a blank space shall intervene between the concluding word of the will
and the signature, or by the circumstance that the signature shall be
placed- among- the words of the testimonium clause or of the clause of=
attestation, or shall follow or be after or under the clause of
attestation,
either with or without a bunk space intervening or shall. follow or be
after,
or~ uncler , or beside the names or o6e of the names of the subscribing
witnesses, or by the circumstance that -the signa,tur,~ shall. be on a
side,
ORDINANCE No. 28 of 1886.
Wills Act Amendment.
-or page or other portion of tile paper or papers containing the will
whereon
no clause or paragraph or disposing part of the will shall be written
above
the sinnature, or by the circumstance that there shall appear to be
sufl'1-
-cient 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; 4nd the enumeration of the above circumstances shall not
restrict the generality of the above enactment; but no signature under the
Principal Act or this Ordinance shall 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
~shiall be made.
5. '1 'he preceding provisions of this Ordinance shall extend and be
o1'tilllfhlll'.e
extena to
ahl)lied to every will made prior to the 31st October, 1854, and taking
certain .,.ills
rilread` male,
effect in the Colon-, administration to which or probate of which had not
(l;, & 1s vie.
up to that date been granted or ordered by a Court of competent ,jUris-
diction in consequence of the defective execution of such will, car where
the property not being NVithin the jurisdiction of the Snpreme Court has
not been possessed or enjoyed by some person or persons claiming to be
-entitled thereto in consequence of the defective execution of such will,
or
the right thereto shall not halve been decided to be in some other person
or persons than the persons claiming under the will, by a Court of com-
petent jurisdiction in consequence of the defective execution of such
will,
and to every will made since the 31st of October, 1854.
2046
[15 & 16 Vic. c. 26.]
Short title.
Interpretation.
Interpretation o Wills.
[15 & 16 Vic. c. 24, s. 3.]
Repeal.
When will shall be deemed valid as regards the position of the testator's signature.
[15 & 16 Vic. c. 24, s. 1.]
2047
Ordinance extend to certain wills already made.
[15 & 16 Vic. c. 24, s. 2.]
Abstract
2046
[15 & 16 Vic. c. 26.]
Short title.
Interpretation.
Interpretation o Wills.
[15 & 16 Vic. c. 24, s. 3.]
Repeal.
When will shall be deemed valid as regards the position of the testator's signature.
[15 & 16 Vic. c. 24, s. 1.]
2047
Ordinance extend to certain wills already made.
[15 & 16 Vic. c. 24, s. 2.]
[15 & 16 Vic. c. 26.]
Short title.
Interpretation.
Interpretation o Wills.
[15 & 16 Vic. c. 24, s. 3.]
Repeal.
When will shall be deemed valid as regards the position of the testator's signature.
[15 & 16 Vic. c. 24, s. 1.]
2047
Ordinance extend to certain wills already made.
[15 & 16 Vic. c. 24, s. 2.]
Identifier
https://oelawhk.lib.hku.hk/items/show/515
Edition
1890
Volume
v4
Cap / Ordinance No.
No. 28 of 1886
Number of Pages
2
Files
Collection
Historical Laws of Hong Kong Online
Citation
“WILLS ACT AMENDMENT ORDINANCE, 1886,” Historical Laws of Hong Kong Online, accessed January 23, 2025, https://oelawhk.lib.hku.hk/items/show/515.