WILLS ACT AMENDMENT ORDINANCE, 1886
Title
WILLS ACT AMENDMENT ORDINANCE, 1886
Description
No. 14 of 1886.
To amend the Law relating to Wills. [14th December, 1886.]
1. The Wills Act Amendment Ordinance, 1886.
2. In this Ordinance-
'The Principal Act '' means the Act of Parliament 7 William
4 and 1 Victoria, chapter 26, entitled An Act for the Amendment
of the Laws with respect to Wills
' Will ' has the same meaning 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 as his will ; and no such
will shall be affected by the, circumstance that the signature t)
not follow or come iminediately after the foot or end of the will,
or by the circumstance that a blank space intervenes between the
concluding words of the will and the signature or by the cir
cumstance that the signature is placed among the words of the
testimonium clause or of the clause of attestation, or follows or is
after or wider the clause- of attesation, either with or without a
blank spaceor follows, or is after, or under, or beside
the names or one of the names of the subscribing witnesses, or by
the cricumstance that the signature is on a side or page or other
portion of the papers containing the will whereon. no
clause, or paragraph, or disposing part of the will is written above
the signature or by tbe circumstance that there appears to be
sufficient space on or at the botton of the preceding side or page
or other portion of the same paper on which the will is written to
contain. the signature.
(2) The enumeration of the above circumstance shall not restrict
the generality of the above enaetment ; 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 is made
4. This Ordinance shall extend and be applied to every will made
prior to 31st October, 1854 and taking effect. iii the Colony, ad-
ininistnation. to which or probate of which had not up to that date
been granted or ordered by a Good of competent. Jurisdiction in
consequence of the defective execution of such will, or where the
property, not being within the jurisdictionlie of the Superme Court,
has not been possessed or enjoyed by some person claiming to be
entitled thereto in consquence of the defective execution of such
will, or the right thereto has not, decided to be in some other
* As aniended by No. 50 of 1911 and No. 62 of 1911.
person than the persons claiming under the will by a Court of
competent jurisdiction inconsequence of the defective execution of
such will, and to every will made since 31st, October, 1854.
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. [ib.s.2.]
To amend the Law relating to Wills. [14th December, 1886.]
1. The Wills Act Amendment Ordinance, 1886.
2. In this Ordinance-
'The Principal Act '' means the Act of Parliament 7 William
4 and 1 Victoria, chapter 26, entitled An Act for the Amendment
of the Laws with respect to Wills
' Will ' has the same meaning 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 as his will ; and no such
will shall be affected by the, circumstance that the signature t)
not follow or come iminediately after the foot or end of the will,
or by the circumstance that a blank space intervenes between the
concluding words of the will and the signature or by the cir
cumstance that the signature is placed among the words of the
testimonium clause or of the clause of attestation, or follows or is
after or wider the clause- of attesation, either with or without a
blank spaceor follows, or is after, or under, or beside
the names or one of the names of the subscribing witnesses, or by
the cricumstance that the signature is on a side or page or other
portion of the papers containing the will whereon. no
clause, or paragraph, or disposing part of the will is written above
the signature or by tbe circumstance that there appears to be
sufficient space on or at the botton of the preceding side or page
or other portion of the same paper on which the will is written to
contain. the signature.
(2) The enumeration of the above circumstance shall not restrict
the generality of the above enaetment ; 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 is made
4. This Ordinance shall extend and be applied to every will made
prior to 31st October, 1854 and taking effect. iii the Colony, ad-
ininistnation. to which or probate of which had not up to that date
been granted or ordered by a Good of competent. Jurisdiction in
consequence of the defective execution of such will, or where the
property, not being within the jurisdictionlie of the Superme Court,
has not been possessed or enjoyed by some person claiming to be
entitled thereto in consquence of the defective execution of such
will, or the right thereto has not, decided to be in some other
* As aniended by No. 50 of 1911 and No. 62 of 1911.
person than the persons claiming under the will by a Court of
competent jurisdiction inconsequence of the defective execution of
such will, and to every will made since 31st, October, 1854.
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. [ib.s.2.]
Abstract
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. [ib.s.2.]
Identifier
https://oelawhk.lib.hku.hk/items/show/831
Edition
1912
Volume
v1
Subsequent Cap No.
30
Cap / Ordinance No.
No. 14 of 1886
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“WILLS ACT AMENDMENT ORDINANCE, 1886,” Historical Laws of Hong Kong Online, accessed November 23, 2024, https://oelawhk.lib.hku.hk/items/show/831.