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s 18

Ascertainment of the system of law which applies to a will

In force
Part 2The making, alteration, revocation and revival of wills
Division 6Wills to which foreign laws apply

18 Ascertainment of the system of law which applies to a will

If, in the case of a will to which the internal law in force in a place is to be applied, there is more than one system of internal law in force in the place which relates to the formal validity of wills the system to be applied is determined as follows—

(a)

if there is a rule in force throughout the place which indicates which system applies to the will, that rule must be followed; or

(b)

if there is no rule, the system must be that with which the testator was most closely connected—

(i)

at the time of his or her death, if the matter is to be determined by reference to circumstances prevailing at his or her death; or

(ii)

in any other case, at the time of execution of the will.

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