Wills Act, 1955
Act 12 of 1955
- Commenced on 1 March 1955
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the Wills Act, 1955.
2. InterpretationIn this Act, unless the context otherwise requires—"competent witness" means a person of the age of fourteen years or over who at the time he witnesses a will is not incompetent to give evidence in any court;"Court" means the High Court or any judge thereof;"internal law" in relation to a 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;"Master" means the Master of the High Court;"sign" includes the making of a mark in the case of a testator but not in the case of a witness, and "signature" has a corresponding meaning;"soldier’s will" means a will executed in accordance with section 9(1);"state" means a territory or group of territories having its own law of nationality;"will" includes any testamentary instrument or act, and "testator" shall be construed accordingly.[Amended L.31/1966]
3. Formalities required in the execution of a will
4. General rules as to formal validity
5. Additional rules
6. Certain requirements to be treated as formalIf, whether in pursuance of this Act or not, a law in force outside Swaziland falls to be applied in relation to a will, any requirement of such 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 such law, as a formal requirement only.[Added L.31/1966]
7. Construction of willsThe construction of a will shall not be altered by reason of a change in the testator’s domicile after the execution of such will.[Added L.31/1966]
8. Application of sections 4 to 7 inclusiveSections 4 to 7 inclusive—
9. Soldiers’ wills
10. Competency to make a willAny person of the age of sixteen years or more may make a will unless at the time of making the will he is mentally incapable of appreciating the nature and effect of his act, and the burden of proof that he was mentally incapable at that time shall rest on the person alleging the same.
11. Witnesses cannot benefit under a willA person who attests the execution of any will or who signs a will in the presence and by direction of the testator or the person who is the spouse of such person at the time of attestation or signing of such will or any person claiming under such person or his spouse, shall be incapable of taking any benefit whatsoever thereunder.
12. Witnesses cannot be nominated as executors, etc.If any person attests the execution of a will or signs a will in the presence and by direction of the testator under which such person or his spouse is nominated as executor, administrator, trustee, or guardian, such nomination shall be null and void.
History of this document
01 March 1955