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Wills - Wills Executed Outside Botswana (Ss 8-11)


Published: 1967-09-22

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8.       Interpretation

 

            (1) In this Part, unless the context otherwise requires-

            "internal law" in relation to any territory or state means the law which would apply in a case where no question of the law in force in any other territory or state arose;

            "state" means a territory or group of territories having its own law of nationality.

            (2) In determining for the purposes of this Part whether or not the execution of a will conformed to a particular law, regard shall be had to the formal requirements of that law at the time of execution, but this shall not prevent account being taken of an alteration of law affecting wills executed at the time if the alteration enables the will to be treated as properly executed.

 

9.       Application

 

            This Part shall not apply to a will of a testator who died before 22nd September, 1967, and shall apply to a will of a testator who dies after that date whether the will was executed before or after that date.

 

10.     General rule as to validity

 

            A will shall be treated as properly executed if its execution conformed to the internal law in force in the territory where it was executed, or in the territory where, at the time of its execution or of the testator's death, he was domiciled or had his habitual residence, or in a state of which, at either of those times, he was a national.

 

11.     Additional rules

 

            Without prejudice to section 10, the following shall be treated as properly executed-

     (a)     a will executed on board a vessel or aircraft of any description, if the execution of the will conformed to the internal law in force in the territory with which, having regard to its registration, if any, and other relevant circumstances, the vessel or aircraft may be taken to have been most closely connected;

     (b)     a will so far as it disposes of immovable property, if its execution conformed to the internal law in force in the territory where the property was situated; or

     (c)     a will so far as it revokes a will which under this Part would be treated as properly executed or revokes a provision which under this Part would be treated as comprised in a properly executed will, if the execution of the later will conformed to any law by reference to which the revoked will or provision would be so treated.