AT 11 of 1985 WILLS ACT 1985

Transcription

1 i e AT 11 of 1985 WILLS ACT 1985

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3 Wills At 1985 Index i e WILLS ACT 1985 Index Setion Page Appliation of At 5 1 Appliation of At... 5 Capaity 5 2 Will of person under 18 invalid... 5 Formalities 5 3 Exeution of will Gift to witness void Evidene... 6 Soldiers and sailors wills 7 6 Soldiers and sailors wills... 7 Revoation and alteration of will 7 7 Revoation of will by marriage Effet of divore, et on will A Will to be revoked by ivil partnership B Effet of dissolution or annulment of ivil partnership on wills C Effet on subsisting will of onversion of ivil partnership into marriage Mode of revoking will Mode of altering will Revival of revoked will Effet of subsequent ats Constrution of will Wills speaks from death Change of domiile Gift to spouse or ivil partner Gift to issue pre-deeasing testator Failure of issue Words of limitation Interpretation of wills: evidene Retifiation of will Retifiation of will AT 11 of 1985 Page 3

4 Index Wills At 1985 Wills exeuted abroad, et General rule as to formal validity Additional rules Provisions supplemental to ss 21 and Certain requirements to be treated as formal International wills Registration of wills Registration of wills Regulations and fees Supplemental Will of mentally disordered person Real property Interpretation Amendments Short title and ommenement SCHEDULE 1 19 APPLICATION TO EXISTING WILLS 19 SCHEDULE 2 20 THE ANNEX TO THE INTERNATIONAL WILLS CONVENTION 20 CERTIFICATE 22 SCHEDULE 3 24 SCHEDULE 4 24 ENDNOTES 25 TABLE OF LEGISLATION HISTORY 25 TABLE OF RENUMBERED PROVISIONS 25 TABLE OF ENDNOTE REFERENCES 25 Page 4 AT 11 of 1985

5 Wills At 1985 Setion 1 i e WILLS ACT 1985 Reeived Royal Assent: 19 June 1985 Passed: 9 July 1985 Commened: See setion 32 AN ACT to re-enat with ertain amendments the Wills Ats 1869 to Appliation of At 1 Appliation of At This At applies to any will made after the 5th July 1869, but has effet subjet to the modifiations speified in Shedule 1 in relation to wills made before the 1st January Capaity 2 Will of person under 18 invalid [III p465/2; 1971/26/3(1)] Subjet to setion 6, no will made by a person under the age of 18 shall be valid. Formalities 3 Exeution of will [III p465/3; P1982/53/17] Subjet to setions 6, 21 to 25 and 28, no will shall be valid unless () it is in writing, and signed by the testator, or by some other person in his presene and by his diretion; and it appears that the testator intended by his signature to give effet to the will; and the signature is made or aknowledged by the testator in the presene of 2 or more witnesses present at the same time; and (d) eah witness either AT 11 of 1985 Page 5

6 Setion 4 Wills At 1985 (i) (ii) attests and signs the will; or aknowledges his signature, in the presene of the testator (but not neessarily in the presene of any other witness), but no form of attestation shall be neessary. 4 Gift to witness void (1) Subjet to subsetion (2), if any person attests the exeution of a will, and any gift is made by the will to that person or to that person s spouse or ivil partner, the gift shall be void so far as it onerns that person or that person s spouse or ivil partner, or any person laiming under either of them. 1 (2) If a will is duly exeuted without the attestation of any person to whom, or to whose spouse or ivil partner, a gift is made by the will, suh attestation shall be disregarded for the purposes of subsetion (1). 2 (3) In this setion gift means any benefiial devise, legay, estate, interest, gift or appointment affeting any property, other than a harge or diretion for the payment of a debt. 5 Evidene [III p465/9-12] (1) If a person who attests the exeution of a will is, either at the time of exeution or at any time afterwards, inompetent to be admitted as a witness to prove the exeution of the will, the will shall not on that aount be invalid. (2) Notwithstanding any gift made by a will to any person, or to that person s spouse or ivil partner, that person shall be admitted as a witness to prove the exeution of the will, or its validity or invalidity. In this subsetion gift has the same meaning as in setion 4. 3 (3) If any property is harged by a will with a debt, and a reditor whose debt is so harged, or that person s spouse or ivil partner, attests the exeution of the will, he shall, notwithstanding suh harge, be admitted as a witness to prove the exeution of the will, or its validity or invalidity. 4 (4) A person shall not, on aount of his being an exeutor of a will, be inompetent to be admitted as a witness to prove the exeution of the will, or its validity or invalidity. Page 6 AT 11 of 1985

7 Wills At 1985 Setion 6 Soldiers and sailors wills 6 Soldiers and sailors wills [1971/26/3(3)] (1) Notwithstanding setions 2 and 3, a soldier being in atual military servie, or a mariner or seaman being at sea, may dispose of his personal estate, and of real estate in the Island, as he might have disposed of his personal estate before the passing of the Wills At (2) Any will made by a person under the age of 18, whih is valid by virtue of subsetion (1), may be revoked by that person even if he is still under that age, whether or not the irumstanes are suh that he would be entitled to make a valid will under subsetion (1). (3) In this setion soldier inludes a member of Her Majesty s air fores. (4) This setion applies to any member of Her Majesty s naval and marine fores, not only when he is at sea, but also when the irumstanes are suh that, if he were a soldier, he would be in atual military servie within the meaning of this setion. Revoation and alteration of will 7 Revoation of will by marriage [P1982/53/18] (1) Subjet to subsetions (2) to (5), a will shall be revoked by the testator s marriage. 5 (2) A disposition in a will in exerise of a power of appointment shall take effet notwithstanding the testator s subsequent marriage, unless the property so appointed would in default of appointment pass to his personal representatives. (3) Where it appears from a will that at the time it was made the testator was expeting to be married to a partiular person and that he intended that the will should not be revoked by the marriage, the will shall not be revoked by his marriage to that person. (4) Where it appears from a will that at the time it was made the testator was expeting to be married to a partiular person and that he intended that a disposition in the will should not be revoked by his marriage to that person that disposition shall take effet notwithstanding the marriage; and AT 11 of 1985 Page 7

8 Setion 8 Wills At 1985 any other disposition in the will shall take effet also, unless it appears from the will that the testator intended the disposition to be revoked by the marriage. (5) Nothing in this setion applies in the ase of marriage whih results from the onversion of a ivil partnership into a marriage under setion 27A of the Civil Partnership At 2011 and regulations made under that setion. 6 8 Effet of divore, et on will [P1837/26/18A; P1982/53/18] (1) Where, after a testator has made a will, a deree of the High Court dissolves or annuls his marriage, or his marriage is dissolved or annulled and the divore or annulment is entitled to reognition in the Island by virtue of the Reognition of Divores et. At 1987 provisions of the will appointing exeutors or trustees or onferring a power of appointment, if they appoint or onfer the power on the former spouse, shall take effet as if the former spouse had died on the date on whih the marriage is dissolved or annulled, and any property whih, or an interest in whih, is devised or bequeathed to the former spouse shall pass as if the former spouse had died on that date, exept in so far as a ontrary intention appears by the will. 7 (2) Subsetion (1) is without prejudie to any right of the former spouse to apply for finanial provision under the Inheritane (Provision for Family and Dependants) At (3) Where by the terms of a will an interest in remainder is subjet to a life interest; and the life interest lapses by virtue of subsetion (1), the interest in remainder shall be treated as if it had not been subjet to the life interest and, if it was ontingent on the termination of the life interest, as if it had not been so ontingent. 8A Will to be revoked by ivil partnership (1) Subjet to subsetions (2) to (6), a will is revoked by the formation of a ivil partnership between the testator and another person. (2) A disposition in a will in exerise of a power of appointment takes effet despite the formation of a subsequent ivil partnership between the testator and another person unless the property so appointed would in default of appointment pass to the testator s personal representatives. (3) If it appears from a will Page 8 AT 11 of 1985

9 Wills At 1985 Setion 8 that at the time it was made the testator was expeting to form a ivil partnership with a partiular person, and that the testator intended that the will should not be revoked by the formation of the ivil partnership, the will is not revoked by its formation. (4) Subsetions (5) and (6) apply if it appears from a will that at the time it was made the testator was expeting to form a ivil partnership with a partiular person, and that the testator intended that a disposition in the will should not be revoked by the formation of the ivil partnership. (5) The disposition takes effet despite the formation of the ivil partnership. (6) Any other disposition in the will also takes effet, unless it appears from the will that the testator intended the disposition to be revoked by the formation of the ivil partnership. 8 8B Effet of dissolution or annulment of ivil partnership on wills (1) This setion applies if, after a testator has made a will the High Court dissolves his or her ivil partnership or makes a nullity order in respet of it, or his or her ivil partnership is dissolved or annulled and the dissolution or annulment is entitled to reognition by virtue of Chapter 1 of Part 3 of the Civil Partnership At (2) Exept in so far as a ontrary intention appears by the will provisions of the will appointing exeutors or trustees or onferring a power of appointment, if they appoint or onfer the power on the former ivil partner, take effet as if the former ivil partner had died on the date on whih the ivil partnership is dissolved or annulled, and any property whih, or an interest in whih, is devised or bequeathed to the former ivil partner shall pass as if the former ivil partner had died on that date. (3) Subsetion (2) does not affet any right of the former ivil partner to apply for finanial provision under the Inheritane (Provision for Family and Dependants) At (4) Where by the terms of a will an interest in remainder is subjet to a life interest; and the life interest lapses by virtue of subsetion (2), AT 11 of 1985 Page 9

10 Setion 9 Wills At 1985 the interest in remainder shall be treated as if it had not been subjet to the life interest and, if it is ontingent on the termination of the life interest, as if it had not been so ontingent. 9 8C Effet on subsisting will of onversion of ivil partnership into marriage (1) The onversion of a ivil partnership into a marriage does not revoke any will made by a party to the ivil partnership before the onversion; or affet any disposition in suh a will. (2) The onversion of a ivil partnership into a marriage does not affet any previous appliation of setion 8A(2) to (6) to a will made by a party to the ivil partnership before the onversion; or a disposition in suh a will. (3) Subsetions (1) and (2) are subjet to subsetion (4). (4) Any referene in a will to a ivil partnership or ivil partners (however expressed) is to be read in relation to any ivil partnership that has been onverted into a marriage, or ivil partners who have onverted their ivil partnership into a marriage, as referring to that marriage or married ouple, as appropriate. (5) Subsetion (4) is subjet to any ontrary intention appearing from the will. (6) In this setion onversion means the onversion of a ivil partnership into a marriage under setion 27A of the Civil Partnership At 2011 and regulations made under that setion, and onverted is to be read aordingly Mode of revoking will [III p465/14 and 15] (1) No will or any part thereof shall be revoked exept by virtue of setion 7, 8, 8A or 8B; 11 () (d) by another will exeuted in the manner required by this At; by some writing delaring an intention to revoke the same, and exeuted in the manner in whih a will is required by this At to be exeuted; or by the burning, tearing or otherwise destroying the same by the testator, or by some person in his presene and by his diretion, with the intention of revoking the same. Page 10 AT 11 of 1985

11 Wills At 1985 Setion 10 (2) No will shall be revoked by any presumption of an intention on the ground of an alteration in irumstanes. 10 Mode of altering will [III p465/16] (1) No obliteration, interlineation or other alteration made in any will after its exeution shall be valid or have any effet, exept so far as the words or effet of the will before the alteration are not apparent, unless the alteration is exeuted in the manner in whih a will is required by this At to be exeuted. (2) For the purposes of subsetion (1), a will, with an alteration as to part of it, shall be deemed to be duly exeuted if the signatures of the testator and the witnesses are made () in the margin, or in some other part of the will, opposite or near to the alteration; or at the foot or end of the alteration; or opposite to a memorandum referring to the alteration and written at the end or some other part of the will. 11 Revival of revoked will [III p465/17] (1) No will, or any part of it, whih has been revoked in any manner shall be revived otherwise than by the re-exeution thereof; or a odiil exeuted in the manner in whih a will is required by this At to be exeuted, and showing an intention to revive the same. (2) Where a will is partly revoked, and afterwards wholly revoked, and is then revived, the revival shall not extend to so muh of the will as was revoked before it was wholly revoked, unless an intention to the ontrary is shown. 12 Effet of subsequent ats [III p465/18] No onveyane or other at, made or done after the exeution of a will, of or relating to any property omprised in the will shall prevent the operation of the will with respet to any estate or interest in that property whih the testator has power to dispose of by will at the time of his death. AT 11 of 1985 Page 11

12 Setion 13 Wills At 1985 Constrution of will 13 Wills speaks from death [III p465/19] Every will shall be onstrued, with referene to the property of the testator, to speak and take effet as if it had been exeuted immediately before his death, unless a ontrary intention appears by the will. 14 Change of domiile The onstrution of a will shall not be altered by reason of a hange in the testator s domiile after the exeution of the will. 15 Gift to spouse or ivil partner [P1982/53/22] Exept where a ontrary intention is shown, it shall be presumed that if a testator devises or bequeaths property to his spouse or ivil partner in terms whih in themselves would give an absolute interest to the spouse or ivil partner, but 12 by the same instrument purports to give his issue an interest in the same property, the gift to the spouse or ivil partner is absolute notwithstanding the purported gift to the issue Gift to issue pre-deeasing testator [III p465/22; P1982/53/19] (1) Where () a will ontains a devise or bequest to a hild or remoter desendant of the testator; and the intended benefiiary dies before the testator, leaving issue; and issue of the intended benefiiary are living at the testator s death, then, unless a ontrary intention appears by the will, the devise or bequest shall take effet as a devise or bequest to the issue living at the testator s death. (2) Where () a will ontains a devise or bequest to a lass of persons onsisting of hildren or remoter desendants of the testator; and a member of that lass dies before the testator, leaving issue; and issue of that member are living at the testator s death, Page 12 AT 11 of 1985

13 Wills At 1985 Setion 17 then, unless a ontrary intention appears by the will, the devise or bequest shall take effet as if the lass inluded the issue of the deeased member living at the testator s death. (3) Issue shall take under this setion through all degrees, aording to their stok, in equal shares if more than one, any gift or share whih their parent would have taken and so that no issue shall take whose parent is living at the testator s death and so apable of taking. (4) For the purposes of this setion the illegitimay of any person is to be disregarded; and a person oneived before the testator s death and born living thereafter is to be taken as living at the testator s death. 17 Failure of issue [III p465/21] In any devise or bequest of property, the words die without issue, die without leaving issue or have no issue, or any other words importing either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be onstrued to mean a want or failure of issue in the lifetime or at the death of that person, and not an indefinite failure of his issue, unless a ontrary intention appears by the will. 18 Words of limitation [III p465/20] Where any real property is devised to any person without any words of limitation, the devise shall be onstrued to pass the fee simple or other the whole estate or interest whih the testator had power to dispose of by will in the property, unless a ontrary intention appears by the will. 19 Interpretation of wills: evidene [P1982/53/21] (1) This setion applies to a will in so far as () any part of it is meaningless; the language used in any part of it is ambiguous on the fae of it; or evidene, other than evidene of the testator s intention, shows that the language used in any part of it is ambiguous in the light of surrounding irumstanes. (2) In so far as this setion applies to a will, extrinsi evidene, inluding evidene of the testator s intention, may be admitted to assist in its interpretation. AT 11 of 1985 Page 13

14 Setion 20 Wills At 1985 Retifiation of will 20 Retifiation of will [P1982/53/20] (1) If the High Court is satisfied that a will is so expressed that it fails to arry out the testator s intentions, in onsequene of a lerial error, or of a failure to understand his instrutions, it may order that the will shall be retified so as to arry out his intentions. (2) An appliation for an order under this setion shall not, exept with the permission of the High Court, be made after the end of the period of 6 months from the date on whih representation with respet to the estate of the deeased is first taken out. (3) This setion shall not render the personal representatives of a deeased person liable for having distributed any part of the estate of the deeased, after the end of the period of 6 months from the date on whih representation with respet to the estate of the deeased is first taken out, on the ground that they ought to have taken into aount the possibility that the High Court might permit the making of an appliation for an order under this setion after the end of that period; but this subsetion shall not prejudie any power to reover, by reason of the making of an order under this setion, any part of the estate so distributed. (4) In onsidering for the purposes of this setion when representation with respet to the estate of a deeased person was first taken out a grant limited to settled land or to trust property shall be left out of aount; and a grant limited to real estate or to personal estate shall be left out of aount unless a grant limited to the remainder of the estate has previously been made or is made at the same time. Wills exeuted abroad, et. 21 General rule as to formal validity A will shall be treated as properly exeuted if its exeution onformed to the internal law in fore in () the territory where it was exeuted, or the territory where, at the time of its exeution or of the testator s death, he was domiiled or had his habitual residene, or a state of whih, at either of those times, he was a national. Page 14 AT 11 of 1985

15 Wills At 1985 Setion Additional rules (1) Without prejudie to setion 21, the following shall be treated as properly exeuted () (d) a will exeuted on board a vessel or airraft of any desription, if the exeution of the will onformed to the internal law in fore in the territory with whih, having regard to its registration (if any) and other relevant irumstanes, the vessel or airraft may be taken to have been most losely onneted; a will, so far as it disposes of immovable property, if its exeution onformed to the internal law in fore in the territory where the property was situated; a will so far as it revokes a will whih under setion 21 or this setion would be treated as properly exeuted, or revokes a provision whih under setion 21 or this setion would be treated as omprised in a properly exeuted will, if the exeution of the later will onformed to any law by referene to whih the revoked will or provision would be so treated; a will so far as it exerises a power of appointment, if the exeution of the will onformed to the law governing the essential validity of the power. (2) A will so far as it exerises a power of appointment shall not be treated as improperly exeuted by reason only that its exeution was not in aordane with any formal requirements ontained in the instrument reating the power. 23 Provisions supplemental to ss 21 and 22 (1) In setions 21 and 22 internal law, in relation to any territory or state, means the law whih would apply in a ase where no question of the law in fore in any other territory or state arose; state means a territory or group of territories having its own law of nationality. (2) Where under setion 21 or 22 the internal law in fore in any territory or state is to be applied in the ase of a will, but there are in fore in that territory or state two or more systems of internal law relating to the formal validity of wills, the system to be applied shall be asertained as follows if there is in fore throughout the territory or state a rule indiating whih of those systems an be properly applied in the ase in question, that rule shall be followed; or if there is no suh rule, the system shall be that with whih the testator was most losely onneted at the relevant time, and for AT 11 of 1985 Page 15

16 Setion 24 Wills At 1985 this purpose the relevant time is the time of the testator s death where the matter is to be determined by referene to irumstanes prevailing at his death, and the time of the exeution of the will in any other ase. (3) In determining for the purposes of setion 21 or 22 whether or not the exeution of a will onformed to a partiular law, regard shall be had to the formal requirements of that law at the time of exeution, but this shall not prevent aount being taken of an alteration of the law affeting wills exeuted at that time if the alteration enables the will to be treated as properly exeuted. 24 Certain requirements to be treated as formal Where (whether in pursuane of this At or not) a law in fore outside the Island falls to be applied in relation to a will, any requirements of that law whereby speial formalities are to be observed by testators answering a partiular desription, or witnesses to a will are to possess ertain qualifiations, shall be treated, notwithstanding any rule of law to the ontrary, as a formal requirement only. 25 International wills [1983/14/3] (1) The Annex to the International Wills Convention, set out in Shedule 2, shall have the fore of law in the Island. (2) The persons authorised to at in the Island in onnetion with international wills are advoates. 14 Registration of wills 26 Registration of wills [1983/14/1] (1) The Chief Registrar shall provide and maintain at the General Registry a safe and onvenient depository for the ustody of wills of living persons. (2) Any person may deposit his will in the depository provided under subsetion (1) in aordane with regulations under setion 27(1) and on payment of the fee presribed by order under setion 27(2). (3) The Chief Registrar shall register in aordane with regulations under setion 27(1) any will deposited under subsetion (2); and Page 16 AT 11 of 1985

17 Wills At 1985 Setion 27 any other will whose registration is requested under Artile 6 of the Registration Convention Regulations and fees [1983/14/2] (1) The Clerk of the Rolls may make regulations providing for () (d) the onditions and proedure for the deposit of a will under setion 26(2); the manner of and proedure for the registration of a will under setion 26(3); the withdrawal of a will whih has been deposited and the anellation of the registration of a will; and the performane by the Chief Registrar of funtions in onnetion with the registration of wills and the provision of information under the Registration Convention. (2) The Treasury may by order presribe any fees payable in respet of the deposit, registration or withdrawal of wills under setion 26 or 27, the obtaining of information from the register, and any other thing whih the Chief Registrar is required or empowered to do by regulations under subsetion (1). 16 (3) Regulations under subsetion (1), and an order under subsetion (2), may make speial provision for international wills. (4) Regulations and orders under this setion shall not have effet unless they are approved by Tynwald. 17 Supplemental 28 Will of mentally disordered person [1974/34/73(2)] This At shall have effet in relation to a will exeuted for a patient in pursuane of an order, diretion or authority under setion 100(1) of the Mental Health At 1998 as if it were signed by the patient by his own hand, exept that setion 3 shall not apply; and any referene to exeution in the manner in whih a will is required by this At to be exeuted shall be onstrued as a referene to exeution in the manner required by setion 101(1) of that At. 29 Real property [III p465/24] All real property, of whatever desription, may be devised by will. AT 11 of 1985 Page 17

18 Setion 30 Wills At Interpretation [mnd. 5950; mnd. 5073] In this At international will means a will made in aordane with the requirements of the Annex to the International Wills Convention, set out in Shedule 2; the International Wills Convention means the Convention providing a Uniform Law on the Form of an International Will onluded at Washington on the 26th Otober 1973; property inludes real estate and personal estate; the Registration Convention means the Convention on the Establishment of a Sheme of Registration of Wills onluded at Basle on the 16th May 1972; will inludes any odiil or other testamentary instrument or at, and testator shall be onstrued aordingly. 31 Amendments (1) The enatments speified in Shedule 3 are amended in aordane with that Shedule. (2) [Repealed] Short title and ommenement (1) This At may be ited as the Wills At (2) If, on the 1st January 1986, the Wills At 1983 has not ome into operation, setions 25 to 27 and Shedule 2 shall ome into operation on suh day as the Governor in Counil may by order appoint. (3) Subjet to subsetion (2), this At shall ome into operation on the 1st January Page 18 AT 11 of 1985

19 Wills At 1985 Shedule 1 SCHEDULE 1 APPLICATION TO EXISTING WILLS Setion 1 Capaity 1. Setion 2 applies in relation to a will made before the 1st April 1972 with the substitution for 18 years of 21 years. Exeution of will 2. (1) Setion 3 does not apply to a will of a person dying before the 1st January (2) Setion 3 of the Wills At 1869 ontinues to apply to a will of a person dying before the 1st January 1986, other than a will referred to in setion 28. Gift to witness 3. Setion 4(2) does not apply to a will of a person dying before the 21st Otober Soldiers and sailors wills 4. (1) Setion 6, in so far as it relates to real estate in the Island, does not apply to a will of a person dying before the 5th July (2) Setion 6(2) does not apply so as to permit revoation of a will before the 1st April Revoation by marriage 5. (1) Setion 7(1) and (2) does not apply, and setion 13 of the Wills At 1869 (as amended by setion 7(1) of the Inheritane (Family Provision) At 1939, in the ase of a person dying on or after the 10th April 1940) ontinues to apply, to a will of a person dying before the 1st January (2) Setion 7(3) and (4) does not apply to a will made before the 1st January (3) Setion 32 of the Administration of Estates At 1960 ontinues to apply to a will made before the 1st January 1986, exept a will of a person dying before 5th July (4) Setion 7(2) of the Inheritane (Family Provision) At 1939 ontinues to apply to a will of a person dying on or after the 10th April 1940 and before the 5th July AT 11 of 1985 Page 19

20 Shedule 2 Wills At 1985 Effet of divore, et. 6. Setion 8 does not apply to a will of a person dying before the 1st January Change of domiile 7. Setion 14 does not apply, and setion 6 of the Wills At 1869 (notwithstanding its repeal by setion 6 of the Wills At 1964) ontinues to apply, to a will of a person dying before the 1st January Gift to spouse 8. Setion 15 does not apply to a will of a person dying before the 1st January Gift to issue predeeasing testator 9. Setion 16 does not apply, and setion 22 of the Wills At 1869 ontinues to apply, to a will of a person dying before the 1st January Interpretation: evidene 10. Setion 19 does not apply to a will of a person dying before the 1st January Retifiation 11. Setion 20 does not apply to a will of a person dying before the 1st January Wills made abroad, et. 12. Setions 21 and 22 do not apply, and setions 4 and 5 of the Wills At 1869 (notwithstanding their repeal by setion 6 of the Wills At 1964) ontinue to apply, to a will of a person dying before the 1st January SCHEDULE 2 21 THE ANNEX TO THE INTERNATIONAL WILLS CONVENTION Setion 25(1) UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL ARTICLE 1 1. A will shall be valid as regards form, irrespetive partiularly of the plae where it is made, of the loation of the assets and of the nationality, domiile or residene of the testator, if it is made in the form of an international will omplying with the provisions set out in Artiles 2 to 5 hereinafter. Page 20 AT 11 of 1985

21 Wills At 1985 Shedule 2 2. The invalidity of the will as an international will shall not affet its formal validity as a will of another kind. ARTICLE 2 This law shall not apply to the form of testamentary dispositions made by two or more persons in one instrument. 1. The will shall be made in writing. ARTICLE 3 2. It need not be written by the testator himself. 3. It may be written in any language, by hand or by any other means. ARTICLE 4 1. The testator shall delare in the presene of two witnesses and of a person authorised to at in onnetion with international wills that the doument is his will and that he knows the ontents thereof. 2. The testator need not inform the witnesses, or the authorised person, of the ontents of the will. ARTICLE 5 1. In the presene of the witnesses and of the authorised person, the testator shall sign the will or, if he has previously signed it, shall aknowledge his signature. 2. When the testator is unable to sign, he shall indiate the reason therefor to the authorised person who shall make note of this on the will. Moreover, the testator may be authorised by the law under whih the authorised person was designated to diret another person to sign on his behalf. 3. The witnesses and the authorised person shall there and then attest the will by signing in the presene of the testator. ARTICLE 6 1. The signatures shall be plaed at the end of the will. 2. If the will onsists of several sheets, eah sheet shall be signed by the testator or, if he is unable to sign, by the person signing on his behalf or, if there is no suh person, by the authorised person. In addition, eah sheet shall be numbered. ARTICLE 7 1. The date of the will shall be the date of its signature by the authorised person. AT 11 of 1985 Page 21

22 Shedule 2 Wills At This date shall be noted at the end of the will by the authorised person. ARTICLE 8 In the absene of any mandatory rule pertaining to the safekeeping of the will, the authorised person shall ask the testator whether he wishes to make a delaration onerning the safekeeping of his will. If so and at the express request of the testator the plae where he intends to have his will kept shall be mentioned in the ertifiate provided for in Artile 9. ARTICLE 9 The authorised person shall attah to the will a ertifiate in the form presribed in Artile 10 establishing that the obligations of this law have been omplied with. ARTICLE 10 The ertifiate drawn up by the authorised person shall be in the following form or in a substantially similar form: CERTIFICATE (Convention of Otober 26, 1973) 1. I,... (name, address and apaity), a person authorised to at in onnetion with international wills 2. Certify that on... (date) at......(plae) 3. (testator)...(name, address, date and plae of birth) in my presene and that of the witnesses (name, address, date and plae of birth)... (name, address, date and plae of birth) has delared that the attahed doument is his will and that he knows the ontents thereof. 5. I furthermore ertify that: 6. in my presene and in that of the witnesses (1) the testator has signed the will or has aknowledged his signature previously affixed; *(2) following a delaration of the testator stating that he was unable to sign his will for the following reason... - I have mentioned this delaration on the will Page 22 AT 11 of 1985

23 Wills At 1985 Shedule 2 - the signature has been affixed by... (name, address) 7. the witnesses and I have signed the will; 8. *() eah page of the will has been signed by... and numbered; 9. (d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above; 10. (e) the witnesses met the onditions requisite to at as suh aording to the law under whih I am ating; 11. *(f) the testator has requested me to inlude the following statement onerning the safe keeping of his will PLACE 13. DATE 14. SIGNATURE and, if neessary, SEAL *To be ompleted if appropriate. ARTICLE 11 The authorised person shall keep a opy of the ertifiate and deliver another to the testator. ARTICLE 12 In the absene of evidene to the ontrary, the ertifiate of the authorised person shall be onlusive of the formal validity of the instrument as a will under this Law. ARTICLE 13 The absene or irregularity of a ertifiate shall not affet the formal validity of a will under this Law. ARTICLE 14 The international will shall be subjet to the ordinary rules of revoation of wills. ARTICLE 15 In interpreting and applying the provisions of this law, regard shall be had to its international origin and to the need for uniformity in its interpretation. AT 11 of 1985 Page 23

24 Shedule 3 Wills At 1985 SCHEDULE 3 22 SCHEDULE 4 23 Page 24 AT 11 of 1985

25 Wills At 1985 Endnotes ENDNOTES Table of Legislation History Legislation Year and No Commenement Table of Renumbered Provisions Original Current Table of Endnote Referenes 1 Subs (1) amended by Civil Partnership At 2011 Sh 4. Ed. note: Sh 4 of the Civil Partnership At 2011 provides as follows: Setion 4 of the 1985 At applies in relation to the attestation of a will by a person to whose ivil partner there is given or made any suh disposition as is desribed in that setion as it applies in relation to a person to whose spouse there is given or made any suh disposition.. 2 Subs (2) amended by Civil Partnership At 2011 Sh Subs (2) amended by Civil Partnership At 2011 Sh 4. 4 Subs (3) amended by Civil Partnership At 2011 Sh 4. 5 Subs (1) amended by SD2016/ Subs (5) inserted by SD2016/ Subs (1) substituted by Law Reform (Misellaneous Provisions) At 1996 s 3(1), but see also s 3(3). 8 S 8A inserted by Civil Partnership At 2011 Sh 4. 9 S 8B inserted by Civil Partnership At 2011 Sh S 8C inserted by SD2016/ Para amended by Civil Partnership At 2011 Sh Para amended by Civil Partnership At 2011 Sh S 15 amended by Civil Partnership At 2011 Sh S 25 not in operation. 15 S 26 not in operation. 16 Subs (2) amended by Treasury At 1985 Sh S 27 not in operation. AT 11 of 1985 Page 25

26 Endnotes Wills At Para amended by Mental Health At 1998 Sh S 28 amended by Mental Health At 1998 Sh Subs (2) repealed by Statute Law Revision At 1992 Sh Sh 2 not in operation. 22 Sh 3 repealed by Matrimonial Proeedings At 2003 Sh Sh 4 repealed by Statute Law Revision At 1992 Sh 2. Page 26 AT 11 of 1985