Succession Act 1965 section 108

Effect of testamentary disposition under Part VII

Section 108 confirms that a testamentary disposition (such as a will or codicil) which meets the formal validity requirements under Part VII of the Act is treated as having the same legal effect as a will that has been properly executed in full compliance with Part VII.

  • A testamentary disposition that is formally valid under Part VII is given full legal effect.
  • Such a disposition is treated as equivalent to a will executed in compliance with Part VII.
  • The section ensures that valid foreign or alternative forms of wills are not disadvantaged in their legal standing.
  • The practical result is that the disposition can govern the distribution of the deceased's estate in the same way as a domestically executed will.

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