Page:Mental Capacity Act 2008.pdf/51

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52
NO. 22 OF 2008


(c) be attested and subscribed by those witnesses in the presence of the authorised person; and
(d) be sealed with the official seal of the court.

Wills: effect of execution

4.—(1) This paragraph applies where a will is executed in accordance with paragraph 3.

(2) The Wills Act (Cap. 352) has effect in relation to the will as if it were signed by P by his own hand, except that—

(a) section 6 of that Act does not apply; and
(b) in the subsequent provisions of that Act any reference to execution in the manner required by that Act is to be read as a reference to execution in accordance with paragraph 3.

(3) The will has the same effect for all purposes as if—

(a) P had had the capacity to make a valid will; and
(b) the will had been executed by him in the manner required by the Wills Act.

(4) Sub-paragraph (3) does not have effect in relation to the will—

(a) in so far as it disposes of immovable property outside Singapore; or
(b) in so far as it relates to any other property or matter if, when the will is executed—
(i) P is domiciled outside Singapore; and
(ii) the condition in sub-paragraph (5) is met.

(5) The condition referred to in sub-paragraph (4)(b)(ii) is that, under the law of P’s domicile, any question of his testamentary capacity would fall to be determined in accordance with the law of a place outside Singapore.

Vesting orders ancillary to settlement, etc.

5.—(1) If provision is made by virtue of section 23 for—

(a) the settlement of any property of P; or
(b) the exercise of a power vested in him of appointing trustees or retiring from a trust,

the court may also make as respects the property settled or the trust property such consequential vesting or other orders as the case may require.

(2) The power under sub-paragraph (1) includes, in the case of the exercise of such a power, any order which could have been made in such a case under Part V of the Trustees Act (Cap. 337).