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於 2013年1月11日 (五) 06:54 由 Maisie (對話 | 貢獻) 所做的修訂 (新页面: General RULE AS TO VALIDITY OF A WILL EXECUTED IN A FOREIGN Spot 1. A Will is to be taken to be effectively executed if its execution conforms to the Internal Law in force in the loca...)

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General RULE AS TO VALIDITY OF A WILL EXECUTED IN A FOREIGN Spot

1. A Will is to be taken to be effectively executed if its execution conforms to the Internal Law in force in the location:-

  • a) exactly where it was executed or article
  • b) which was the testator's domicile or habitual residence, either at the time the Will was executed, or at the testator's death or
  • c) of which the testator was a national, either at the date of execution of the Will, or at the testator's death.

two. The following Wills are also to be taken to be effectively executed:-

  • a) a Will executed on board a vessel or aircraft, if the Will has been executed in conformity with the internal law in force in the place with which the vessel or aircraft could be taken to have been most closely connected possessing regard to its registration and other relevant circumstances or
  • b) a Will, so far as it disposes of immovable home, if it has been executed in conformity with the internal law in force in the spot where the property is situated or
  • c) a Will, so far as it revokes a Will or a provision of a Will which has been executed, to have been correctly executed in conformity with any law by which the earlier Will or provision would be taken to have been validly executed or
  • d) a Will, so far as it exercises a power of appointment, if the Will has been executed in conformity with the law governing the validity of the power.

3. A Will to which this applies, so far as it workouts a power of appointment, is not to be taken to have been improperly executed since it has not been executed in accordance with the formalities essential by the instrument producing the energy.

Notwithstanding the above, we anxiety that it is more appropriate to execute a Will that complies completely with all neighborhood needs. This is in preference to obtaining to establish both the bona fides of the Will and the country of origin in which the Will was initially executed.