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The Wills and Administration Proceedings (Northern Ireland) Order 1994

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This is the original version (as it was originally made).

Gift to witness

8.—(1) Subject to paragraph (3), if a witness to a will is a person to whom, or to whose spouse, any property is given by the will (whether by way of gift or by way of exercise of a special power of appointment, but other than by way of a charge or direction for the payment of debts), the gift or appointment is void so far as concerns that witness or his spouse or any person claiming under the witness or spouse.

(2) Notwithstanding that property is given by will as mentioned in paragraph (1), the witness is competent as a witness to prove—

(a)the execution of the will;

(b)the validity or invalidity of the will.

(3) Witnessing by a person to whom, or to whose spouse, property is given as mentioned in paragraph (1) is to be disregarded if the will is duly executed without his signature and without that of any other such person.

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