Formal Validity of Wills (Persons Dying Abroad) Act

Short title and commencement Interpretation Application General rule re formal validity of wills of persons dying abroad Additional rules Construction Abolition of common law rules

Law 36 of 2018

I Assent

Martyn Roper

Governor.

14th December, 2018

A LAW TO PROVIDE FOR THE FORMAL VALIDITY OF WILLS OF PERSONS DYING ABROAD; AND FOR INCIDENTAL AND CONNECTED PURPOSES

ENACTED by the Legislature of the Cayman Islands.

(1) This Law may be cited as the Formal Validity of Wills (Persons Dying Abroad) Law, 2018. (2) This Law shall come into force on such date as may be appointed by Order made by the Cabinet. In this Law - “internal law”, in relation to any territory or state, means the law which would apply in a case where no question of the law in force in any other territory or state arose; “state” means a territory or group of territories having its own law of nationality and includes the Islands; “testator” means a person who makes a will; Short title and commencement Interpretation

“vessel” includes aircraft; and “will” includes any testamentary instrument or act. This Law applies to a will that is executed by a person who dies - (a) after the commencement of this Law; and (b) while domiciled outside of the Islands. (1) Subject to subsection (2), a will to which this Law applies shall be treated as properly executed if its execution conformed to - (a) the internal law of the Islands; or (b) the internal law in force -

(i) in the territory where it was executed;

(ii) in the territory where, at the time of its execution or at the testator's death, the testator was domiciled or had his or her habitual residence; or (iii) in the state of which, at either of the times in subparagraphs (i) or (ii), the testator was a national. (2) To the extent that a will purports to dispose of immovable property or any interest in land in the Islands, it shall be treated as properly executed only if executed in accordance with section 4(1)(a). (1) Without prejudice to section 4, the following shall be treated as properly executed - (a) a will that is executed on board a vessel of any description, if the execution of the will conformed to the internal law in force in the territory to which the vessel, having regard to its registration (if any) and other relevant circumstances, may be taken to have been most closely connected with; (b) a will so far as it disposes of immovable property outside the Islands, if its execution conformed to the internal law in force in the territory where the property was situated; a will so far as it revokes a will which under this Law would be treated as properly executed or revokes a provision which under this Law 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; and (d) a will, so far as it exercises a power of appointment, whose execution conformed to the law governing the essential validity of the power. Application General rule re formal validity of wills of persons dying abroad Additional rules

(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. Where a law in force outside the Islands is to be applied in relation to a will, any provision of that law that requires that special formalities are to be observed by a testator fitting a particular description or witnesses to the execution of the will are to possess certain qualifications, shall be treated, notwithstanding any rule of that law to the contrary, as a formal requirement only. Any rule of the common law governing the formal validity of wills of persons dying abroad is abolished.

Passed by the Legislative Assembly on the 22nd day of November, 2018.

Dr. Hon. W. McKeeva Bush

Speaker.

Zena Merren-Chin

Clerk of the Legislative Assembly.

Construction Abolition of common law rules