Succession Act 1965 section 102

Validity as regards form

Section 102 sets out the rules for determining whether a will is formally valid by reference to the various legal systems with which the testator had a connection.

  • A will is formally valid if it complies with the law of the place where it was made, or of the testator's nationality, domicile, or habitual residence at either the time of making the will or at death.
  • For immovable property (such as land or buildings), a will is also formally valid if it complies with the law of the place where that property is situated.
  • A will that revokes an earlier will is formally valid if it complies with any of the laws under which the earlier revoked will was itself valid.
  • Where a country's legal system is not unified (for example, where different regions have different rules), the applicable law is determined by that system's own rules or, failing that, by the testator's closest real connection with one of those regional laws.

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