SCHEDULES
SCHEDULE 5Property and affairs: supplementary provisions
Wills: effect of execution
4
1
This paragraph applies where a will is executed in accordance with paragraph 3.
2
The Wills and Administration Proceedings (Northern Ireland) Order 1994 (“the 1994 Order”) has effect in relation to the will as if it were signed by P by P's own hand, except that—
a
Article 5 of the 1994 Order (formalities for execution) does not apply; and
b
in the subsequent provisions of the 1994 Order any reference to execution in accordance with Article 5 or execution in the manner in which a will is required to be executed is to be read as a reference to execution in the manner in which a will is required to be executed under paragraph 3(2).
3
The will has the same effect for all purposes as if—
a
P had had the capacity to make a valid will; and
b
the will had been executed by P in the manner required by the 1994 Order.
4
But sub-paragraph (3) does not have effect in relation to the will—
a
in so far as it disposes of immovable property outside Northern Ireland; or
b
in so far as it relates to any property or matter other than immoveable property if, when the will is executed—
i
P is domiciled outside Northern Ireland; and
ii
the condition in sub-paragraph (5) is met.
5
The condition is that, under the law of P's domicile, any question of P's testamentary capacity would fall to be determined in accordance with the law of a place outside Northern Ireland.