Part VI

Miscellaneous and Supplementary

Certain testamentary dispositions to be formally valid.
32
1
For the purpose of any question arising as to entitlement, by virtue of a testamentary disposition, to any relevant property or to any interest therein, the disposition shall be treated as valid in respect of the formalities of execution.
2
Subsection (1) above is without prejudice to any right to challenge the validity of the testamentary disposition on the ground of forgery or on any other ground of essential invalidity.
3
In this section “
relevant property
” means property disposed of in the testamentary disposition in respect of which—
a
confirmation has been granted; or
b
probate, letters of administration or other grant of representation—
i
has been issued, and has noted the domicile of the deceased to be, in England and Wales or Northern Ireland; or
ii
has been issued outwith the United Kingdom and had been sealed in Scotland under section 2 of the Colonial Probates Act 1892.
S. 32 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 40 (with ss. 9(3)(5)(7), 13, 14(3))