Wills (Soldiers and Sailors) Act 1918

JurisdictionUK Non-devolved
Citation1918 c. 58
Year1918


Wills (Soldiers and Sailors) Act, 1918

(7 & 8 Geo. 5.) CHAPTER 58.

An Act to amend the Law with respect to Testamentary Dispositions by Soldiers and Sailors.

[6th February 1918]

Be it enacted by the King'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:

S-1 Explanation of s. 11 of 7 Will. 4. & 1 Vict. c. 26.

1 Explanation of s. 11 of 7 Will. 4. & 1 Vict. c. 26.

1. In order to remove doubts as to the construction of the Wills Act, 1837, it is hereby declared and enacted that section eleven of that Act authorises and always has authorised any soldier being in actual military service, or any mariner or seaman being at sea, to dispose of his personal estate as he might have done before the passing of that Act, though under the age of twenty-one years.

S-2 Extension of s. 11 of Wills Act, 1837.

2 Extension of s. 11 of Wills Act, 1837.

2. Section eleven of the Wills Act, 1837, shall extend to any member of His Majesty's naval or marine forces not only when he is at sea but also when he is so circumstanced that if he were a soldier he would be in actual military service within the meaning of that section.

S-3 Validity of testamentary dispositions of real property made by soldiers and sailors.

3 Validity of testamentary dispositions of real property made by soldiers and sailors.

(1) A testamentary disposition of any real estate in England or Ireland made by a person to whom section eleven of the Wills Act, 1837, applies, and who dies after the passing of this Act, shall, notwithstanding that the person making the disposition was at the time of making it under twenty-one years of age or that the disposition has not been made in such manner or form as was at the passing of this Act required by law, be valid in any case where the person making the disposition was of such age and the disposition has been made in such manner and form that if the disposition had been a disposition of personal estate made by such a person domiciled in England or Ireland it would have been valid.

(2) A testamentary disposition of any heritable property in Scotland made after the passing of this Act by a person to whom section eleven of the Wills Act, 1837, applies or to whom it would apply if he were domiciled in England, shall not be invalid by reason only of the fact that such person is...

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