Full legislation
s.28
Application where two or more systems of law in force in territory or state
Where under this Part the internal law in force in any territory or state is to be
applied in the case of a will, but there are in force in that territory or state two or
more systems of internal law relating to the formal validity of wills, the system to be
applied shall be ascertained as
follows—
(a)
if there is in force throughout the territory or state a rule indicating which
of those systems can properly be applied in the case in question, that rule shall be
followed; or
(b)
if there is no such rule, the system shall be that with which the testator was
most closely connected at the relevant time, and for this purpose the relevant time
is the time of the testator’s death where the matter is to be determined by
reference to circumstances prevailing at his death, and the time of execution of the
will in any other case.
[cf. 1963 c. 44 s. 6(2) U.K.]