单词 | Acknowledgment of wills |
释义 | 確認遺囑 In order for a will to be properly executed, amongst other things, a testator must, in the presence of two witnesses, either sign the will, or acknowledge his signature to the will (which could be made by himself or some other person in his presence and by his direction): Wills Ordinance (Cap 30) s 5. For a valid acknowledgement of signature to a will, it may be made expressly by words, by gestures, or by implication, so long the acknowledgment is made in the presence of two witnesses who have seen or had the opportunity of seeing the signature. It has been held that express acknowledgment in the presence of the witnesses of a previously affixed signature (where such earlier signature was not so witnessed) was also sufficient: Weatherhill v Pearce [1995] 2 All ER 492; Couser v Couser [1996] 3 All ER 256. After the signature to the wills is made or acknowledged by the testator, each of the witnesses then present must either attest and sign the will or, acknowledge his signature thereto in the testator’s presence. The rules for a valid acknowledgment by the testator of his signature: Couser v Couser, supra. See also Attestation; Formalities; Signature. 一份妥為簽立的遺囑必須符合某些規定,包括以下幾項:立遺囑人在兩名同時在場的見證人面前簽署或承認其所作的簽署(該簽署可以由立遺囑人或其他人在立遺囑人面前並依其指示簽署):《遺囑條例》(第30章)第5條。立遺囑人以說話、手勢或暗示,且在兩名(曾見過立遺囑人在遺囑上簽署)見證人面前承認其所作的簽署,實屬有效確認。有一案例裁定立遺囑人在見證人面前明確承認其較早前(簽署時沒有見證人在場)所作的簽署,足以証實遺囑已妥為簽立:Weatherhill v Pearce [1995] 2 All ER 492; Couser v Couser [1996] 3 All ER 256。當立遺囑人簽署遺囑後或承認其所作的簽署後,每名在場的見證人必須在立遺囑人面前以簽署作見證或承認他本人所作的簽署。有關立遺囑人承其所作的簽署是否有效的規定:Couser v Couser, 見上文。另見 Attestation; Formalities; Signature. |
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