Wills Act 1861
| Jurisdiction | UK Non-devolved |
| Citation | 1861 c. 114 |
| Year | 1861 |
(24 & 25 Vict.) C A P. CXIV.
[6th August 1861]
BE it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
1 Wills made out of the Kingdom to be admitted if made according to the Law of the Place where made, or of the Place of Domicile.
1. Every Will and other testamentary Instrument made out of the United Kingdom by aBritish Subject (whatever may be the Domicile of such Person at the Time of making the same or at the Time of his or her Death) shall as regards Personal Estate be held to be well executed for the Purpose of being admitted in England and Ireland to Probate, and in Scotland to Confirmation, if the same be made according to the Forms required either by the Law of the Place where the same was made or by the Law of the Place where such Person was domiciled when the same was made, or by the Laws then in force in that Part of Her Majesty's Dominions where he had his Domicile of Origin.
2 Wills made in any Part of the Kingdom to be admitted if made according to Law in force where made.
2. Every Will and other testamentary Instrument made within the United Kingdom by anyBritish Subject (whatever may be the Domicile of such Person at the Time of making the same or at the Time of his or her Death) shall as regards Personal Estate be held to be well executed, and shall be admitted in England and Ireland to Probate, and in Scotland to Confirmation, if the same be executed according to the Forms required by the Laws for the Time being in force in that Part of the United Kingdom where the same is made.
3 Change of Domicile not to invalidate Will.
3. No Will or other testamentary Instrument shall be held to be revoked or to have become invalid, nor shall the Construction thereof be altered, by reason of any subsequent Change of Domicile of the Person making the same.
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