SCHEDULES
SCHEDULE 2Property and affairs: supplementary provisions
Wills: effect of execution
4
1
This paragraph applies where a will is executed in accordance with paragraph 3.
2
The Wills Act 1837 (c. 26) has effect in relation to the will as if it were signed by P by his own hand, except that—
a
section 9 of the 1837 Act (requirements as to signing and attestation) does not apply, and
b
in the subsequent provisions of the 1837 Act any reference to execution in the manner required by the previous provisions is to be read as a reference to execution in accordance with paragraph 3.
3
The will has the same effect for all purposes as if—
a
P had had the capacity to make a valid will, and
b
the will had been executed by him in the manner required by the 1837 Act.
4
But sub-paragraph (3) does not have effect in relation to the will—
a
in so far as it disposes of immovable property outside England and Wales, or
b
in so far as it relates to any other property or matter if, when the will is executed—
i
P is domiciled outside England and Wales, and
ii
the condition in sub-paragraph (5) is met.
5
The condition is that, under the law of P's domicile, any question of his testamentary capacity would fall to be determined in accordance with the law of a place outside England and Wales.