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RSNL1990

CHAPTER W-10

WILLS ACT

[Sections 37 41 to be Proclaimed

Amended:

2004 cL-3.1 s69; 2023 c4

CHAPTER W-10

AN ACT RESPECTING THE MAKING OF LAST WILLS AND TESTAMENTS

Analysis

Short title

1.1

Definitions

PART I

WILLS - GENERALLY

Wills, how executed

Age of testator

Appointment by will

Publication not necessary

Incompetency of witness

Devise to witness not void

Executor may be witness

Revocation by marriage

No revocation by presumption of intention

Manner of revocation

Alterations in will after execution

Revival by re-execution

Subsequent conveyance not to affect will

Construction of will re time

Construction of general devise

Construction of certain terms

To prevent lapsing of devise

Gift to sibling

Limitation of provision

PART II

CONFLICT OF LAWS

Interpretation

21.1

Labrador Inuit rights

Application of

Part

Interests in land

Form re movables

Change of residence

Construction of will

Movables related to land

Formalities

Application

PART III

INTERNATIONAL WILLS

Definitions

Application of convention

Rules regarding international will

Validity of will under other laws

Authorized persons

Request to ratify convention

Effective date determined

Registration system

Agreements re registration system

Joint system instead of provincial system

Disclosure of information

Use of registration system

Regulations

Commencement

Schedule

Short title

This Act may be cited as the Wills Act.

RSN1970 c401 s1

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Definitions

1.1

In this Act,

(a)

"audio-visual technology" means technology which allows a person signing a document and a person witnessing the signing of the document who are not in the physical presence of one another to see, hear and communicate with each other at all times;

(b)

" lawyer

" means a member in good standing of the Law Society of Newfoundland and Labrador; and

(c)

" minister

" means, unless the context indicates otherwise, the minister appointed under the Executive Council Act

to administer this Act.

2023 c4 s41

PART I

WILLS - GENERALLY

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Wills, how executed

(1) A will is invalid unless it is made in writing, and it is either in the handwriting of the testator, and signed by the testator, or, where not so written and signed, is signed by the testator in the presence of at least 2 witnesses, who shall, in the presence of the testator, sign the will as witnesses, and where the will is made by a person who cannot write, it must first be read over to or by the testator in the presence of the witnesses.

(1.1) For

the purposes of subsection (1), the words "in the presence of" includes attendance through the use of audio-visual technology provided that the witness

(

a) a lawyer; and

(

b) complies

with the requirements prescribed in the regulations.

(1.2) For greater certainty, where only one of the witnesses to the signing of a will is a lawyer, the words "in the presence of" do not include attendance through the use of audio-visual technology in relation to the witness that is not a lawyer.

(2) This Act does not affect the disposal of a sailor or fisher of the sailor's or fisher's property while at sea.

RSN1970 c401 s2; 2023 c4 s42

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Age of testator

A will is invalid where made by a person under the age of 17 years.

RSN1970 c401 s3

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Appointment by will

(1) An appointment made by will, in exercise of a power, is invalid unless it is executed in the manner required by

section 2.

(2) A will executed in the manner required by

section 2, with respect to the execution and certification of an appointment, is a valid execution of a power of appointment by will notwithstanding that it has been expressly required that a will made in exercise of that power is executed with some additional or other form of execution or solemnity.

RSN1970 c401 s4

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Publication not necessary

A will executed in the manner required by

section 2 is valid without a publication of it.

RSN1970 c401 s5

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Incompetency of witness

Where a person who certifies the execution of a will is, at the time of the execution of it, or afterwards, incompetent to be admitted as a witness to prove the execution of it, the will is not on that account invalid.

RSN1970 c401 s6

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Devise to witness not void

(1) A devise, bequest, legacy, estate, interest, gift or appointment, to a person or to the spouse of a person, who certifies the execution of a will, is not void where the will can be sufficiently proved, according to this Act without proof by the person of the execution of the will.

(2) Where a will cannot be sufficiently proved without the evidence of a beneficiary, the beneficiary shall be admitted as a witness to prove the execution or the validity or invalidity of the will, and in that case the devise, bequest, legacy, estate, interest, gift or appointment in the beneficiarys favour is void.

RSN1970 c401 s7; 2023 c4 s43

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Executor may be witness

An executor of a will may be admitted as a witness to prove the execution of the will, or to prove the validity or invalidity of the will.

RSN1970 c401 s8

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Revocation by marriage

A person's will shall be revoked by the persons marriage except where

(

a) there

is a declaration in the will that it is made in contemplation of that marriage; or

(

b) the

will is made in exercise of a power of appointment, when the property appointed by it would not, in default of the appointment, pass to the persons executor or administrator, or to the person entitled as the persons next-of-kin, under the Intestate Succession Act.

1971 No14 s2; 1971 No29 s2; 2023 c4 s44

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No revocation by presumption of intention

A will is not revoked by a presumption of an intention on the ground of an alteration in circumstances.

RSN1970 c401 s10

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Manner of revocation

A will or codicil, or a part of either, is not revoked otherwise than as previously stated, or by

(

a) another

will or codicil executed in the manner required by this Act;

(

b) some

writing declaring an intention to revoke it, and executed in the manner in which a will is required to be executed; or

(

c) the

burning, tearing, or otherwise destroying of it by the testator, or by some person in the testators presence and by the testators direction, and with the intention of revoking it.

RSN1970 c401 s11; 2023 c4 s45

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Alterations in will after execution

(1) No obliteration, interlineation or other alteration, made in a will after the execution of it, is valid or has an effect except where the words or effect of the will before the alteration is not apparent, unless the alteration is made and executed in the manner required by this Act.

(2) A will with an alteration is considered to be executed where the signature of the testator, or the testator's signature and that of the witnesses, is made in the margin or on some part of the will opposite or near to the alteration, or at the foot or end of or opposite to a memorandum referring to the alteration, and written at the end or some other part of the will or attached to it.

RSN1970 c401 s12

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Revival by re-execution

(1) A will or codicil, or a part of it, which is revoked, is not revived otherwise than by the re-execution of it, or by a codicil which is executed in the manner required by this Act, and shows an intention to revive it.

(2) Where a will or codicil which is partly revoked, and afterwards wholly revoked, is revived, the revival does not extend to the part that has been revoked before the revocation of the whole of it, unless an intention to the contrary is shown.

RSN1970 c401 s13

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Subsequent conveyance not to affect will

A conveyance or other act made or done after the re-execution of a will, or relating to property comprised in the will, except

an act by which the will is revoked as previously stated in this Act does not prevent the operation of the will with respect to the property that the testator has power to dispose of by will at the time of the testators death.

RSN1970 c401 s14; 2023 c4 s46

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Construction of will re time

A will shall be construed with reference to the property comprised in it, to take effect as if it had been executed immediately before the death of the testator, unless a contrary intention appears by the will.

RSN1970 c401 s15

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Construction of general devise

A general devise or bequest of the property of the testator, or of that property in a place or in the occupation of a person mentioned in the testator's will, or otherwise described in a general manner, shall be construed to include property to which the description extends which the testator may have power to appoint in a manner the testator considers appropriate, and shall operate as an execution of the power unless a contrary intention appears by the will.

RSN1970 c401 s16; 2023 c4 s47

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Construction of certain terms

(1) In a devise or bequest of property, the words "die without issue", "die without leaving issue", or "have no issue", or other words which may import either a lack or failure of issue of a person in the persons lifetime, or at the time of the persons death, or an indefinite failure of issue, is construed to mean a want or failure of issue in the lifetime or at the time of the death of the person, and not an indefinite failure of issue, unless a contrary intention appears by the will, because of the person having a prior quasi estate tail,

or of a preceding gift being without implication arising from those words or limitation of quasi estate tail

to the person or issue, or otherwise.

(2) This Act shall not extend to cases where words contained in subsection (1) stated import, where no issue described in a preceding gift is born, or where there is no issue who lives to reach the age, or otherwise answer the description required for obtaining a vested estate by a preceding gift to the issue.

RSN1970 c401 s17; 2023 c4 s48

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To prevent lapsing of devise

(1) Except

when a contrary intention appears by the will, where a person dies in the lifetime of a testator either before or after the testator makes the will and that person

(

a) is a child or other issue of the testator to whom, either as an individual or as a member of a class, is devised or bequeathed an estate or interest in real or personal property not determinable at or before that person's death; and

(

b) leaves

issue who is living at the time of the death of the testator,

the devise or bequest does not lapse, but takes effect as if it had been made directly to the persons among whom and in the shares in which the estate of that person would have been divisible if the person had died intestate and without debts immediately after the death of the testator.

(2) If the Intestate Succession Act

is amended to the effect that where an intestate dies leaving a spouse and issue, the spouse receives a preferential share in respect of the intestate's estate, the spouse is not entitled to receive the preferential share under this section.

(3) In this section, a person is considered to be living at the time of the death of the testator if the person, having been conceived before the death of the testator, is born alive after the testator's death.

1971 No14 s2; 1971 No29 s3; 2023 c4 s49

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Gift to sibling

(1) Except

where a contrary intention appears by the will, where a person dies in the lifetime of a testator either before or after the testator makes the will and that person

(

a) is a sibling of the testator to whom, either as an individual or as a member of a class, is devised or bequeathed an estate or interest in real or personal property not determinable at or before the testator's death; and

( b

leaves a child or children living at the time of the death of the testator,

th e

devise or bequest does not lapse, but takes effect as if it had been made directly to

(

c) that

child; or

(

d) t hose

children, share and share alike,

and, in this section, a child is considered to be living at the time of the death of the testator if the child, having been conceived before the death of the testator, is born alive after the death of the testator.

RSN1970 c401 s19; 2023 c4 s50

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Limitation of provision

This Act shall not extend to a will made before October 13, 1864

RSN1970 c401 s20

PART II

CONFLICT OF LAWS

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Interpretation

this Part

(

a) interest in land includes a leasehold estate as well as a freehold estate in land, and another estate or interest in land whether the estate or interest is real property or is personal property;

(

b) interest in movables includes an interest in a tangible or intangible thing other than land and includes personal property other than an estate or interest in land; and

(c)

" internal

law" in relation to a place excludes the choice of law rules of that place.

1975-76 No23 s1

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Labrador Inuit rights

21.1

This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act

and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act,

the provision, term or condition of the Labrador Inuit Land Claims Agreement Act

shall have precedence over the provision of this Act.

2004 cL-3.1 s69

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Application of

Part

This Part applies to a will made either in or out of this province.

1975-76 No23 s1

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Interests in land

(1) The manner and formalities of making a will and its intrinsic validity and effect, where it relates to an interest in land, are governed by the internal law of the place where the land is situated.

(2) The manner and formalities of making a will, and its intrinsic validity and effect, where it relates to an interest in movables, are governed by the internal law of the place where the testator was living at the time of death.

1975-76 No23 s1

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Form re movables

(1) As regards the manner and formalities of making a will of an interest in movables, a will is valid and admissible to probate if at the time of its making it complied with the internal law of the place where

(

a) the

will was made;

(

b) the

testator was then living;

(

c) the

testator then had the testators habitual residence; or

(

d) the

testator then was a national if there was in that place one body of law governing the wills of nationals.

(2) As regards the manner and formality of making a will of an interest in movables, the following are properly made

(

a) a will made on board a vessel or aircraft, where the making of the will conformed to the internal law in force in the place with which having regard to its registration and other relevant circumstances, the vessel or aircraft may be taken to have been most closely connected;

(

b) a will where it revokes a will that under this Part would be treated as properly made or revokes a provision that under this Part would be treated as comprised in a properly made will, if the making of the later will conformed to a law by reference to which the revoked will or provision would be treated as properly made; and

(

c) will where it exercised a power of appointment, where the making of the will conforms to the law governing the essential validity of the power.

1975-76 No23 s1; 2023 c4 s51

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Change of residence

A change of residence of the testator occurring after a will is made does not make it invalid as regards the manner and formalities of its making or alter its construction.

1975-76 No23 s1

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Construction of will

Nothing in this Part precludes resort to the law of the place where the testator was living at the time of making a will in aid of its construction as regards an interest in land or an interest in movables.

1975-76 No23 s1

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Movables related to land

Where the value of a thing that is movable consists mainly or entirely in its use in connection with a particular parcel of land by the owner or occupier of the land, succession to an interest in the thing under a will is governed by the law that governs succession to the interest in the land.

1975-76 No23 s1

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Formalities

(1) Where

a law in force outside this province is to be applied in relation to a will, a requirement of that law that

(

a) special

formalities are to be observed by testators answering a particular description; or

(

b) witnesses

to the making of a will are to possess certain qualifications,

shall

be treated, notwithstanding a rule of that law to the contrary, as a formal requirement only.

(2) In determining the purposes of this Part whether or not the making of a will conforms to a particular law, regard shall be had to the formal requirement of that law at the time the will was made but this does not prevent account being taken of an alteration of law affecting wills made at that time where the alteration enables the will to be treated as properly made.

1975-76 No23 s1

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Application

(1) This Part applies to the will of a testator made after December 31, 1976

(2) Notwithstanding the repeal of

Part II of the Wills Act,

The Revised Statutes of Newfoundland, 1970, that

Part II continues to apply to wills made after June 30, 1955

and before January 1, 1977

1975-76 No23 s1

PART III

INTERNATIONAL WILLS

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Definitions

this Part

(a)

" convention

" means the Convention Providing a Uniform Law on the Form of an International Will, a copy of which is set out in the Schedule;

(b)

" effective

date" means the latest of

( i

the

day on which, in accordance with

Article XI of the convention, the convention commences,

(ii)

(iii)

the

a declaration that the convention extends to the province;

(c)

" international

will" means a will that has been made in accordance with the rules regarding an international will set out in the Annex to the convention;

(d)

" registrar

" means the person responsible for the operation and management of the registration system; and

(e)

"registration system" means a system for the registration, or the registration and safekeeping, of international wills established under

section 37 or under an agreement entered into under

section 38.

1975-76 No23 s2

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Application of convention

On and after the effective date, the convention is in force in the province and applies to wills as law of the province.

1975-76 No23 s2

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Rules regarding international will

On and after the effective date, the rules regarding an international will set out in the Annex to the convention are law in the province.

1975-76 No23 s2

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Validity of will under other laws

Nothing in this Part detracts from or affects the validity of a will that is valid under the laws in force within the province other than this Part.

1975-76 No23 s2

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Authorized persons

Members of the Law Society of Newfoundland are designated as persons authorized to act in connection with international wills.

1975-76 No23 s2

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Request to ratify convention

1975-76 No23 s2; 2023 c4 s52

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Effective date determined

As soon as the effective date is determined, the minister shall publish in the Gazette

a notice indicating the date that is the effective date for the purposes of this Part.

1975-76 No23 s2; 2023 c4 s53

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Registration system

The minister shall establish a system of registration or registration and safekeeping of international wills.

1975-76 No23 s2; 2023 c4 s54

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Agreements re registration system

With the approval of the Lieutenant-Governor in Council, the minister for and on behalf of the Crown may enter into an agreement with the government of another province or a minister or official of the government of another province relating to the establishment of a system of registration or registration and safekeeping of international wills for this province and that other province, and for the joint operation of that system, or relating to the exchange of information contained in a system established under

section 37 and a similar system established for that other province.

1975-76 No23 s2; 2023 c4 s55

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Joint system instead of provincial system

Where a registration system is established under an agreement entered into under

section 38, the minister is relieved of the obligation under

section 37.

1978 c35 s25; 2023 c4 s56

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Disclosure of information

(1) Information contained in the registration system concerning the international will of a testator shall not be released from the system except in accordance with an agreement made under

section 38 or except to a person who satisfies the registrar that the person is the testator or that

(

a) the

person is authorized by the testator to obtain the information; or

(

b) the

testator is dead and the person is an appropriate person to have access to the information.

(2) Where the registration system provides for the safekeeping of international wills, an international will of a testator deposited in the system shall not be released except to a person who satisfies the registrar that

(

a) the

person is the testator;

(

b) the

person is a person who is authorized by the testator to obtain the will; or

(

c) the

testator is dead and the person is an appropriate person to have custody of the will for the purposes of the administration of the estate of the testator or the agent of the person.

1975-76 No23 s2; 1978 c35 s25; 2023 c4 s57

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Use of registration system

(1) Where a member of the Law Society of Newfoundland has acted during a month in respect of one or more international wills in the members capacity as a person authorized to act in connection with international wills, the member shall, on or before the 10th day of the next month, file with the registrar, in a sealed envelope, a list on a form prescribed under the regulations, certified by the member or the members agent, setting out the name, address and description of the testator and the date of execution of each international will in respect of which the member so acted, and the registrar shall enter the information in the registration system.

(2) The failure of a member of the Law Society of Newfoundland to comply with subsection (1) in respect of an international will does not affect the validity of the international will.

1975-76 No23 s2; 2023 c4 s58

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Regulations

(1) The Lieutenant-Governor in Council may make regulations

(

a) respecting

the operation, maintenance and use of the registration system;

(

b) prescribing

forms for use in the system;

(

c) prescribing

fees for searches of the registration system;

(c.1)

prescribing the requirements for attendance through the use of audio-visual technology; and

(

d) generally

, to give effect to the purpose of the registration system.

(2) The

Lieutenant-Governor in Council may in addition to or instead of regulations made under paragraph (1 )(

c.1) adopt by reference and constitute as regulations the whole or part of provisions of the Rules of the Law Society of Newfoundland and Labrador, with or without modification, and including any amendments to the Rules of the Law Society of Newfoundland and Labrador.

1975-76 No23 s2; 2023 c4 s59

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Commencement

Sections 37 - 41 come into force on a day to be proclaimed by the Lieutenant-Governor in Council.

RSN1990 cW-10 s43

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Schedule

Convention Providing a Uniform Law on the

Form of an International Will

The States signatory to the present Convention,

DESIRING to provide to a greater extent for the respecting of last wills by establishing an additional form of will hereinafter to be called an "international will" which, if employed, would dispense to some extent with the search for the applicable law;

HAVE RESOLVED to conclude a Convention for this purpose and have agreed upon the following provisions:

ARTICLE I

Each Contracting Party undertakes that not later than six months after the date of entry into force of this Convention in respect of that Party it shall introduce into its law the rules regarding an international will set out in the Annex to this Convention.

Each Contracting Party may introduce the provisions of the Annex into its law either by reproducing the actual text, or by translating it into its official language or languages.

Each Contracting Party may introduce into its law such further provisions as are necessary to give the provisions of the Annex full effect in its territory.

Each Contracting Party shall submit to the Depositary Government the text of the rules introduced into its national law in order to implement the provisions of this Convention.

ARTICLE II

Each Contracting Party shall implement the provisions of the Annex in its law, within the period provided for in the preceding article, by designating the persons who, in its territory, shall be authorized to act in connection with international wills. It may also designate as a person authorized to act with regard to its nationals its diplomatic or consular agents abroad insofar as the local law does not prohibit it.

The Party shall notify such designation, as well as any modifications thereof, to the Depositary Government.

ARTICLE III

The capacity of the authorized person to act in connection with an international will, if conferred in accordance with the law of a Contracting Party, shall be recognized in the territory of the other Contracting Parties.

ARTICLE IV

The effectiveness of the certificate provided for in

Article 10 of the Annex shall be recognized in the territories of all Contracting Parties.

ARTICLE V

The conditions requisite to acting as a witness of an international will shall be governed by the law under which the authorized person was designated. The same rule shall apply as regards an interpreter who is called upon to act.

Nonetheless no one shall be disqualified to act as a witness of an international will solely because he is an alien.

ARTICLE VI

The signature of the testator, of the authorized person, and of the witnesses to an international will, whether on the will or on the certificate, shall be exempt from any legalization or like formality.

Nonetheless, the competent authorities of any Contracting Party may, if necessary, satisfy themselves as to the authenticity of the signature of the authorized person.

ARTICLE VII

The safekeeping of an international will shall be governed by the law under which the authorized person was designated.

ARTICLE VIII

No reservation shall be admitted to this Convention or to its Annex.

ARTICLE IX

The present Convention shall be open for signature at Washington

from October 26, 1973

, until December 31, 1974

The Convention shall be subject to ratification.

Instruments of ratification shall be deposited with the Government of the United States of America

, which shall be the Depositary Government.

ARTICLE X

The Convention shall be open indefinitely for accession.

Instruments of accession shall be deposited with the Depositary Government.

ARTICLE XI

The present Convention shall enter into force six months after the date of deposit of the fifth instrument of ratification or accession with the Depositary Government.

In the case of each State which ratifies this Convention or accedes to it after the fifth instrument of ratification or accession has been deposited, this Convention shall enter into force six months after the deposit of its own instrument of ratification or accession.

ARTICLE XII

Any Contracting Party may denounce this Convention by written notification to the Depositary Government.

Such denunciation shall take effect twelve months from the date on which the Depositary Government has received the notification, but such denunciation shall not affect the validity of any will made during the period that the Convention was in effect for the denouncing State.

ARTICLE XIII

Any State may, when it deposits its instrument of ratification or accession or at any time thereafter, declare by a notice addressed to the Depositary Government, that this Convention shall apply to all or part of the territories for the international relations of which it is responsible.

Such declaration shall have effect six months after the date on which the Depositary Government shall have received notice thereof or, if at the end of such period the Convention has not yet come into force, from the date of its entry into force.

Each Contracting Party which has made a declaration in accordance with paragraph 1 of this

Article may, in accordance with

Article XII, denounce this Convention in relation to all or part of the territories concerned.

ARTICLE XIV

If a State has two or more territorial units in which different systems of law apply in relation to matters respecting the form of wills, it may at the time of signature, ratification, or accession, declare that this Convention shall extend to all its territorial units or only to one or more of them, and may modify its declaration by submitting another declaration at any time.

These declarations shall be notified to the Depositary Government and shall state expressly the territorial units to which the Convention applies.

ARTICLE XV

If a Contracting Party has two or more territorial units in which different systems of law apply in relation to matters respecting the form of wills, any reference to the internal law of the place where the will is made or to the law under which the authorized person has been appointed to act in connection with international wills shall be construed in accordance with the constitutional system of the Party concerned.

ARTICLE XVI

The Depositary Government shall give notice to the signatory and acceding States, and to the International Institute for the Unification of Private Law, of:

(

a) any

signature;

(

b) the

deposit of any instrument of ratification or accession;

(

c) any

date on which this Convention enters into force in accordance with

Article XI;

(

d) any

communication received in accordance with

Article I, paragraph 4;

(

e) any

notice received in accordance with

Article II, paragraph 2;

(

f) any

declaration received in accordance with

Article XIII, paragraph 2, and the date on which such declaration takes effect;

(

g) any

denunciation received in accordance with

Article XII, paragraph 1, or

Article XIII, paragraph 3, and the date on which the denunciation takes effect;

(

h) any

declaration received in accordance with

Article XIV, paragraph 2, and the date on which the declaration takes effect.

ANNEX

Uniform Law on the Form of an International Will

ARTICLE 1

A will shall be valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the provisions set out in Articles 2 to 5 hereinafter.

The invalidity of the will as an international will shall not affect 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.

ARTICLE 3

The will shall be made in writing.

It need not be written by the testator himself.

It may be written in any language, by hand or by any other means.

ARTICLE 4

The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is his will and that he knows the contents thereof.

The testator need not inform the witnesses, or the authorized person, of the contents of the will.

ARTICLE 5

In the presence of the witnesses and of the authorized person, the testator shall sign the will or, if he has previously signed it, shall acknowledge his signature.

When the testator is unable to sign, he shall indicate the reason therefor to the authorized person who shall make note of this on the will. Moreover, the testator may be authorized by the law under which the authorized person was designated to direct another person to sign on his behalf.

The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.

ARTICLE 6

The signatures shall be placed at the end of the will.

If the will consists of several sheets, each 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 such person, by the authorized person. In addition, each sheet shall be numbered.

ARTICLE 7

The date of the will shall be the date of its signature by the authorized person.

This date shall be noted at the end of the will by the authorized person.

ARTICLE 8

In the absence of any mandatory rule pertaining to the safekeeping of the will, the authorized person shall ask the testator whether he wishes to make a declaration concerning the safekeeping of his will. If so and at the express request of the testator the place where he intends to have his will kept shall be mentioned in the certificate provided for in

Article 9.

ARTICLE 9

The authorized person shall attached to the will a certificate in the form prescribed in

Article 10 establishing that the obligations of this law have been complied with.

ARTICLE 10

The certificate drawn up by the authorized person shall be in the following form or in a substantially similar form:

CERTIFICATE (Convention of October 26, 1973)

I , ....................................

( name

, address and capacity), a person authorized to act in connection with international wills

Certify that on ..................

( date

) at ............. ( place

( testator

) ................................. ( name

, address, date and place of birth) in my presence and that of the witnesses

( a

) ................................ ( name

, address, date and place of birth)

(b)

................................ ( name

, address, date and place of birth) has declared that the attached document is his will and that he knows the contents thereof.

I furthermore certify that:

(

a) in my presence and in that of the witnesses

(1) the

testator has signed the will or has acknowledged his signature previously affixed.

*(2)

following a declaration of the testator stating that he was unable to sign his will for the following reason .............................

- I have mentioned this declaration on the will - The signature has been affixed by .........................

( name

and address)

(

b) the witnesses and I have signed the will;

*(

c) each page of the will has been signed by

..................... and

numbered;

(

d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above;

(

e) the witnesses met the conditions requisite to act as such

according

to the law under which I am acting;

*(

f) the testator has requested me to include the following statement concerning the safekeeping of his will: _ _ _ _

PLACE

DATE

SIGNATURE and, if necessary, SEAL

*To be completed if appropriate.

ARTICLE 11

The authorized person shall keep a copy of the certificate and deliver another to the testator.

ARTICLE 12

In the absence of evidence to the contrary, the certificate of the authorized person shall be conclusive of the formal validity of the instrument as a will under this Law.

ARTICLE 13

The absence or irregularly of a certificate shall not affect the formal validity of a will under this Law.

ARTICLE 14

The international will shall be subject to the ordinary rules of revocation 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.

1975-76 No23 s2

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