Cap. 30activeordinance

Wills Ordinance

遺囑條例

Full legislation

s.5

Signing and witnessing of a will

(1)
Subject to
section
                    6
, no will shall be valid
unless—
(Amended
21 of 2024 s. 78
)
(a)
it is in writing, and signed by the testator, or by some other person in
                    his presence and by his direction;
(b)
it appears that the testator intended by his signature to give effect to
                    the will;
(c)
the signature is made or acknowledged by the testator in the presence of 2
                    or more witnesses present at the same time; and
(d)
each witness
either—
(i)
attests and signs the will; or
(ii)
acknowledges his signature,
in the presence of the testator (but not necessarily in the presence of
                    any other witness),
but
                no form of attestation shall be necessary.
[cf. 1982 c. 53 s. 17
                    U.K.]
(2)
A document purporting to embody the testamentary intentions of a deceased
                person shall, notwithstanding that it has not been executed in accordance with the
                requirements under subsection (1), be deemed to be duly executed if, upon
                application, the court is satisfied that there can be no reasonable doubt that the
                document embodies the testamentary intentions of the deceased person.