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Attestation of Documents Act, 1895

Act 7 of 1895

Repealed
This Act was repealed on 1955-03-01 by Wills Act, 1955.
This Act has not yet come into force in full. See the Uncommenced provisions tab for more information.
Attestation of Documents Act, 1895
Citation
Act 7 of 1895
Date
1 December 1998
Language
English
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eSwatini

Attestation of Documents Act, 1895

Act 7 of 1895

  • There are multiple commencements
    • Provisions Status
    Section 1–2 commenced on 24 August 1895.
    Section 3 commenced on 5 April 1935.
    Section 4 not yet commenced.
  • [This is the version of this document at 1 December 1998.]
  1. [Repealed on 1 March 1955 by Wills Act, 1955 (Act 12 of 1955)]
An Act to make provision regarding the attestation of documents and to validate testamentary and other deeds.

1. Short title

This Act may be cited as the Attestation of Documents Act, 1895*.*NOTE: Law 7 of 1895, which came into force in August, 1895, originally included a "will or other testamentary deed" in the provisions now contained in section 2 above. These provisions relating to wills were repealed by Ordinance 14 of 1903, which provided that any person "whether male or female" above the age of fourteen years should be competent to witness a will. This Ordinance was repealed by the Wills Act No. 12 of 1955. Thus it seems that when deciding whether any will executed in Swaziland has been competently witnessed, consideration will have to be given to the date of execution and the ages of the witnesses at that time.

2. Who may witness deeds

Subject to section 3, every male person above the age of sixteen years, and competent to give evidence in any court in Swaziland shall be competent to attest notarial and other contracts, deeds and documents.

3. Powers of attorney

No person shall be competent to attest a power of attorney by which he is appointed agent or attorney, or from which he draws any advantage.

4. Women to be competent

(1)Notwithstanding any other law, it shall be competent for women above the age of sixteen years to be witnesses to any testamentary deed, notarial deed registrable or capable of being recorded in a deeds registry, and other contracts, deeds and documents.
(2)The validity of any testamentary deed, notarial deed and other contract, deed and document which may, prior to the commencement of this Act, have been so witnessed shall not be affected by reason that the witnesses to such deeds have been women.

History of this document

01 December 1998 this version
Consolidation
01 March 1955
Repealed by Wills Act, 1955
05 April 1935
Commenced
24 August 1895
Commenced

Uncommenced provisions

Legislation provisions that have not yet come into force. All uncommenced provisions →
  • 4. Women to be competent

    4. Women to be competent

    (1)Notwithstanding any other law, it shall be competent for women above the age of sixteen years to be witnesses to any testamentary deed, notarial deed registrable or capable of being recorded in a deeds registry, and other contracts, deeds and documents.
    (2)The validity of any testamentary deed, notarial deed and other contract, deed and document which may, prior to the commencement of this Act, have been so witnessed shall not be affected by reason that the witnesses to such deeds have been women.
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