### Wills Ordinance 《遺囑條例》

23C. Presumption as to effect of gifts to donees
If a testator devises or bequeaths property to a donee in terms which in themselves would give an absolute interest to the donee, but by the same instrument purports to give any other person an interest in the same property, it shall, unless a contrary intention is shown, be presumed that the gift to the donee is absolute notwithstanding the purported gift to the other person.
(Added 56 of 1995 s. 8)[cf. 1982 c. 53 s. 22 U.K.]

24. General rule as to formal validity
A will shall be treated as properly executed if its execution conformed to the internal law in force in the territory where it was executed, or in the territory where, at the time of its execution or of the testator’s death, he was domiciled or had his habitual residence, or in a state of which, at either of those times, he was a national.
[cf. 1963 c. 44 s. 1 U.K.]

25. Additional rules
(1) Without prejudice to section 24, the following shall be treated as properly executed—
(a) a will executed on board a vessel or aircraft of any description, if the execution of the will conformed to the internal law in force in the territory with which, having regard to its registration (if any) and other relevant circumstances the vessel or aircraft may be taken to have been most closely connected;
(b) a will so far as it disposes of immovable property, if its execution conformed to the internal law in force in the territory where the property was situated;
(c) a will so far as it revokes a will which under this Part would be treated as properly executed or revokes a provision which under this Part would be treated as comprised in a properly executed will, if the execution of the later will conformed to any law by reference to which the revoked will or provision would be so treated;
(d) a will so far as it exercises a power of appointment, if the execution of the will conformed to the law governing the essential validity of the power.
(2) A will so far as it exercises a power of appointment shall not be treated as improperly executed by reason only that its execution was not in accordance with any formal requirements contained in the instrument creating the power.
[cf. 1963 c. 44 s. 2 U.K.]

### Wills Ordinance 《遺囑條例》

26. Certain requirements to be treated as formal
Where (whether in pursuance of this Part or not) a law in force outside Hong Kong falls to be applied in relation to a will, any requirement of that law whereby special formalities are to be observed by testators answering a particular description or witnesses to the execution of a will are to possess certain qualifications, shall be treated, notwithstanding any rule of that law to the contrary, as a formal requirement only.
[cf. 1963 c. 44 s. 3 U.K.]

27. Construction of wills
The construction of a will shall not be altered by reason of any change in the testator’s domicile after the execution of the will.
[cf. 1963 c. 44 s. 4 U.K.]

28. Application where two or more systems of law in force in territory or state
Where under this Part the internal law in force in any territory or state is to be applied in the case of a will, but there are in force in that territory or state two or more systems of internal law relating to the formal validity of wills, the system to be applied shall be ascertained as follows—
(a) if there is in force throughout the territory or state a rule indicating which of those systems can properly be applied in the case in question, that rule shall be followed; or
(b) if there is no such rule, the system shall be that with which the testator was most closely connected at the relevant time, and for this purpose the relevant time is the time of the testator’s death where the matter is to be determined by reference to circumstances prevailing at his death, and the time of execution of the will in any other case.
[cf. 1963 c. 44 s. 6(2) U.K.]

29. Determination of conformity of execution of will to particular law
In determining for the purposes of this Part whether or not the execution of a will conformed to a particular law, regard shall be had to the formal requirements of that law at the time of execution, but this shall not prevent account being taken of an alteration of law affecting wills executed at that time if the alteration enables the will to be treated as properly executed.
[cf. 1963 c. 44 s. 6(3) U.K.]

### Wills Ordinance 《遺囑條例》

30. Application
(1) This Ordinance shall not apply to a will of a testator who died before the commencement* of this Ordinance and shall apply to a will of a testator who dies after its commencement whether the will was executed before or after its commencement, but so that a will which was executed before its commencement and which, but for the provisions of this Ordinance, would be valid shall not thereby be invalidated.
(2) The validity of a will which was valid under section 3 of the repealed Wills Ordinance (Cap. 30, 1964 Ed.) shall not be affected by any thing in Part III, except insofar as the will may be revoked or altered by any subsequent will valid under this Ordinance.
(3) Without prejudice to the general application of section 23 of the Interpretation and General Clauses Ordinance (Cap. 1)—
(a) the repealed Wills Ordinance (Cap. 30, 1964 Ed.);
(b) the repealed Wills (Formal Validity) Ordinance (Cap. 350, 1964 Ed.); and
(c) the deleted item 66 of the Schedule to the non-adopted Application of English Law Ordinance (Cap. 88), (Amended 67 of 1999 s. 3)
shall continue to apply to the will of any person dying before the commencement* of this Ordinance, as if this Ordinance had not been passed. (Amended E.R. 2 of 2019)
(4) The amendments to this Ordinance effected by the Wills (Amendment) Ordinance 1995 (56 of 1995) shall not apply to a will of a testator who died before the commencement** of that Ordinance but, subject to subsection (5), shall apply to a will of a testator who dies after that commencement whether the will was made before or after that commencement, but so that a will that was made before that commencement and that, but for the provisions of that Ordinance, would be valid shall not thereby be invalidated. (Added 56 of 1995 s. 9)
(5) The effect of the marriage of a testator on a will made by him before the commencement** of the Wills (Amendment) Ordinance 1995 (56 of 1995) shall be determined as if that Ordinance had not been enacted. (Added 56 of 1995 s. 9)

Editorial Note:
* Commencement date: 13 March 1970.
** Commencement date: 3 November 1995.