Cap. 30activeordinance

Wills Ordinance

遺囑條例

Full legislation

s.30

Application

(1)
This Ordinance shall not apply to a will of a testator who died before the
                commencement*
                of this Ordinance and shall apply to a will of a testator who dies after its
                commencement whether the will was executed before or after its commencement, but so
                that a will which was executed before its commencement and which, but for the
                provisions of this Ordinance, would be valid shall not thereby be
                invalidated.
(2)
The validity of a will which was valid under
section 3
of the
                repealed Wills Ordinance
                (Cap.
                30,
                1964 Ed.) shall not be affected by any thing in Part III, except insofar as the will
                may be revoked or altered by any subsequent will valid under this
                Ordinance.
(3)
Without prejudice to the general application of
section 23
of the
                Interpretation and General Clauses Ordinance (
Cap.
                1
)—
(a)
the repealed Wills Ordinance
                    (Cap.
                    30,
                    1964
                    Ed.);
(b)
the repealed Wills (Formal Validity) Ordinance
                    (Cap.
                    350,
                    1964
                    Ed.);
                    and
(c)
the deleted item 66 of the
Schedule
to the non-adopted
                    Application of English Law Ordinance (
Cap.
                        88
),
(Amended
67 of 1999 s. 3
)
shall continue to apply to the will of any person dying before the
                commencement*
                of this Ordinance, as if this Ordinance had not been passed.
(Amended
E.R. 2 of
                2019
)
(4)
The amendments to this Ordinance effected by the Wills (Amendment) Ordinance
                1995 (
56 of 1995
) shall not apply to a will of a
                testator who died before the
                commencement**
                of that Ordinance but, subject to subsection (5), shall apply to a will of a
                testator who dies after that commencement whether the will was made before or after
                that commencement, but so that a will that was made before that commencement and
                that, but for the provisions of that Ordinance, would be valid shall not thereby be
                    invalidated.
(Added
56 of 1995 s. 9
)
(5)
The effect of the marriage of a testator on a will made by him before the
                commencement**
                of the Wills (Amendment) Ordinance 1995 (
56 of 1995
)
                shall be determined as if that Ordinance had not been enacted.
(Added
56 of 1995 s. 9
)