WILLS ACT AMENDMENT ORDINANCE, 1886

WILLS ACT AMENDMENT ORDINANCE, 1886

ORDINANCE NO.14 OF 1886

Wills Act Amendment

AN ORINANCE to amend the law relating to wills.
[14th December, 1886]
BE it enacted by the governor of hongkong, with the advice of the
legislative council thereof, as follows:-
1 this ordinance may be cited as the Wills Act Amendment ordinance, 1886.
2 in this ordinance
'the pricnipal act' means the act of parliament 7 william 4 & 1
Victoria chapter 26, entitled 'an act for the amendment of
the lawss with respect to wills':
'will' has the same meaing as in the principal act.
3-(1) 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 principal act 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; and no such will shall be affected by the circumstatnce
that the signature does not follow or come immediately after the
foot or end of the will, or by the circumstance that a blank space
intervenes between the concluding word of the will and the signature,
or by the circumstance that the signature is placed among the words of
the testimonium clause or of the clasue of attestation, or follows or is after or under the clause of attestation, 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 subscibing witnesses, or beside the names
that the signature is on a side or page or other portion of the paper
or papers containing the will whereon no clause, or paragraph, or
disposing part of the will is written above the signature, or by the
circumstance that there appears to be sufficient space on or at the bottom
of the proceeding side or page or other portion of the same paper on
which the will is wrtten to contain the signature.
(2) 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 dispoition or direction inserted after the
signature is made.
4 the preceding provisions of this ordinance shall extend and be
applied to every will made prior to the 31st day of october, 1854, and
taking effect in the colony, administration to which or probate of which
had not up to that date been granted or ordered by a court of competent
jurisdiction in consequence of the defective execution of such
will, or where the property, not being within the jurisdiction of the
supreme 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 has not been decided to be
in some other person or persons than the persons claiming under the
will by a court of competent jurisdcition in consequence of the defective
execution of such will, and to every will made since the 31st day of
october, 1854.
A.D. 1886. Ordinance No. 28 of 1886.
Short title.
Interpretation of terms.
15 & 16 Vict.c. 24 s. 3. Rules as to position of testator's signature to will. Ib.s.1. Application of the Ordinance to certain wills already made. 15 & 16 Vict.c. 24 s. 2.

A.D. 1886. Ordinance No. 28 of 1886.
Short title.
Interpretation of terms.
15 & 16 Vict.c. 24 s. 3. Rules as to position of testator's signature to will. Ib.s.1. Application of the Ordinance to certain wills already made. 15 & 16 Vict.c. 24 s. 2.

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