Domicile Act 1877
Domicile Act 1877
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Domicile Act 1877
Domicile Act 1877
Public Act |
1877 No 53 |
|
Date of assent |
13 December 1877 |
|
Contents
An Act to set at rest Doubts on the Law relating to Wills and other Testamentary Instruments affecting Personal Estate executed by Persons without the Colony of New Zealand.
Preamble.
WHEREAS doubts have arisen whether the provisions of the Imperial Act of the twenty-fourth and twenty-fifth years of the year of Her Majesty Queen Victoria, Chapter CXIV., have been and are applicable to the wills of British subjects dying in New Zealand: For remedy thereof—
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act shall be “The Domicile Act, 1877.”
2 Wills made out of New Zealand to be admitted if made according to the law of the place where made, or of the place of domicile.
Every will and other testamentary instrument made out of New Zealand by a British subject (whatever may be the domicile of such person at the time of making the same, or at the time of his or her death) shall, as regards personal estate, be held to be well executed for the purpose of being admitted in New Zealand to probate if the same be made according to the forms required either by the law of the place where the same was made, or by the law of the place where such person was domiciled when the same was made, or by the law then in force in that part of Her Majesty’s dominions where be had his domicile of origin.
3 Change of domicile not to invalidate will.
No will or other testamentary instrument shall, so far as shall relate to personal estate in New Zealand, be held to be revoked or to have become invalid, nor shall the construction thereof be altered, by reason of any subsequent change of domicile of the person making the same.
4 Nothing in this Act to invalidate will otherwise made.
Nothing in this Act contained shall invalidate any will or other testamentary instrument which would have been valid if this Act had not been passed, except as such will or other testamentary instrument may be revoked or altered by any subsequent will or testamentary instrument made valid by this Act.
5 Extent of Act.
This Act shall extend only to wills and other testamentary instruments made by persons who have died or shall die after the sixth day of August, in the year one thousand eight hundred and sixty-one, and shall not apply to wills which before the passing of this Act have been the subjects of adverse decisions in the Supreme Court of New Zealand, or to those for which before the passing of this Act probate has been refused, or for which before the passing of this Act probate has not been applied for within eighteen months after the decease of the testator.
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Versions
Domicile Act 1877
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