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The Mental Health (Northern Ireland) Order 1986

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Supplementary provisions as to wills executed under Article 99N.I.

100.—(1) Where under Article 99(1) the court makes or gives an order, direction or authority requiring or authorising a person (in this Article referred to as “the authorised person”) to execute a will for a patient, any will executed in pursuance of that order, direction or authority shall be expressed to be signed by the patient acting by the authorised person, and shall be—

(a)signed by the authorised person with the name of the patient, and with his own name, in the presence of two or more witnesses present at the same time, and

(b)attested and subscribed by those witnesses in the presence of the authorised person, and

(c)sealed with the official seal of the Office of Care and Protection.

(2) The[F1 Wills and Administration Proceedings (Northern Ireland) Order 1994] shall have effect in relation to any such will as if it were signed by the patient by his own hand, except that in relation to any such will—

(a)[F1Article 5] of[F1 that Order] (which makes provision as to the signing and attestation of wills) shall not apply, and

(b)in the subsequent provisions of[F1 that Order] any reference to execution in the manner required by the previous provisions of[F1 that Order] shall be construed as a reference to execution in the manner required by paragraph (1).

(3) Subject to paragraph (4), any such will executed in accordance with paragraph (1) shall have the same effect for all purposes as if the patient were capable of making a valid will and the will had been executed by him in the manner required by the[F1 Wills and Administration Proceedings (Northern Ireland) Order 1994].

(4) So much of paragraph (3) as provides for such a will to have effect as if the patient were capable of making a valid will—

(a)shall not have effect in relation to such a will in so far as it disposes of any immovable property, other than immovable property in Northern Ireland; and

(b)where at the time when such a will is executed the patient is domiciled in England and Wales or Scotland or in a country or territory outside the United Kingdom, shall not have effect in relation to that will in so far as it relates to any other property or matter, except any property or matter in respect of which, under the law of his domicile, any question of his testamentary capacity would fall to be determined in accordance with the law of Northern Ireland.

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