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.