Wills Execution Act 1853 No 5a (NSW)

1853. 17̂ VIC. No. 5. 2625

Wills Execution.

No. V.

All Act to airieiid tlie Law with respect to the willsĵ ution .

Exeeiition of Wills. [4l/i July, 1853.]

TTTITEREAS tlio LaAv with respect to the execution, of Wills

requires further amendmeut Be it tliereforc enacted by His Excellency the Governor of Now Soutli Wales with the advice and consent of tlic Legislative Council thereof as follows :—

? V

1. Where hy an Act passed in the first year of the reign of Her i vie e. 2g .

Majesty Queen Vietoria intituled “ An Act for the amendment o f the Laios icitti respect to Wills” (which said Act was adopted in New South Wales by an Act of Council passed in the third year of tlie

same reign numbered five) it is enacted that no will shall be valid w iic n s i s n a tu rc to a

unless it shall he signed at the foot or end thereof hy the testator or by some other person in his presenee and hy his direction Every will shall so far only as regards the ])osition of the signature of the testator or of the person signing for him as aforesaid be deemed to he valid within the said enactment as explained by this Act if the signa­ ture shall he so jtlaced at or after or following or under or beside or opposite to tlie end of the will tliat it shall he apparent on the face of the will that the testator intended to give effect hy such his signa­ ture to the writing signed as his will and no such will shall he affected hy the circumstanee that the signature shall not follow or he imme­ diately after the foot or end of the will or hy 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 witliout a blank space intervening or sliall follow or lie after or under or beside the names or one of the names of the subscribing witnesses or liy the circumstance that tlie signature shall be on a side or page or other poidion of the paper or papers containing the ivill Avhercon no clause or paragraph or disposing part of the will shall be written aboA’C the signatim; or by the circumstance that there shall appear to be sufficient space on or at the bottom of the jireccding side or page or other portion of the same paper on which the will is written to contain the signature and the enumeration of the above circumstances shall not restrict the generality of the above enactment but no signature under the said Act or this Act 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 shall be made.

2. The provisions of this Act shall extend and he applied to Act to extend to

every will already made where administration or probate has tiot

already

already been granted or ordered in consequence of the defective execution of such will or where the property being other than personalty has not been possessed or enjoyed by some person claiming to be entitled thereto in consequence of the defeetive execution of such Avill or the right thereto shall not have been decided to be in some other jicrson than the person claiming under the will in consequence of the defective execution of such Avill.

3. This Act shall be read and construed according to the inteipietationokuse.

definitions and interpretations contained in the said Act of the first year of the reign of Her Majesty Queen Victoria and as if this Act had been incorporated with the same and had formed part thereof.

No, V [.