SCHEDULES
SCHEDULE 1TRANSITIONAL PROVISIONS AND SAVINGS
Transitional provisions
1
Except where otherwise expressly provided, the provisions of Part II apply to wills made before or after the commencement of this Order ( “the commencement”) whether the testator died before or after the commencement.
2
The reference in the definition of “witness” in Article 2(2) to a witness acknowledging his signature applies only to wills made after the commencement.
3
In the application of Article 5 to a will made before the commencement—
a
b
paragraph (1)(d)(ii) and the reference to acknowledgment in paragraph (2) do not apply.
4
In the application of Article 6 to a will made before the commencement, the references to Article 5 are to that Article as it applies by virtue of paragraph 3.
5
Article 8(3) applies only to the will of a person dying after the commencement, but in relation to such a person it applies whether the will was executed before or after the commencement.
6
In relation to an alteration made before the commencement, the reference in Article 11 to the manner in which a will is required to be executed is a reference to the manner so required at the time when the alteration was made.
7
Article 12(3) and (4) do not apply to a will made before the commencement.
8
Article 13 does not affect the will of a testator who died before the commencement.
9
In relation to writing made before the commencement declaring an intention to revoke a will, the reference in Article 14(1)(c) to the manner in which a will is required to be executed is a reference to the manner so required at the time when the writing was made.
10
Article 18(2), and Articles 21 to 25, do not affect the will of a testator who died before the commencement.
11
Article 26 does not apply to a will made before the commencement, but in such a will “land” includes a leasehold estate (legal or equitable).
12
Article 27(3), in relation to wills coming into operation before the commencement, applies—
a
only to executory limitations; and
b
as if the words “or married” were omitted.
Savings
13
14
1
2
A will executed in accordance with the statutory provisions mentioned in sub-paragraph (1) is, for the purposes of Article 6, as valid as a will executed in accordance with Article 5.
15
1
The repeal of section 9 of the Wills Act 1837 does not affect a will made before the commencement of Article 5.
2
The repeal of section 33 of the Wills Act 1837 does not affect its application to the will of a testator who died before the repeal took effect.
3
The repeal of section 26 of the Wills Act 1837 does not affect its application to a will made before the commencement of Article 26.
16
The repeal of the Wills Act Amendment Act 1852F7 does not affect a will made before the commencement of Article 5.
17
The repeal of the Wills (Amendment) Act (Northern Ireland) 1954F8 does not affect a will made before the commencement of Article 12.
18
The repeal of Article 5 of the Family Law Reform (Northern Ireland) Order 1977F9 does not affect the will of a testator who died before the repeal took effect.
Schedule 2—Amendments
Schedule 3—Repeals