Testamentary succession is usually regulated by legislation. These legislations speak about various aspects regarding Wills including capacity to make Will, execution and implementation of Wills and allied legalities, procedures and formalities.
The different laws that govern testamentary succession in various countries are as follows:
India
In India, the execution and enforcement of wills of Christians and Parsis is governed by Indian Succession Act, 1925.
The execution and enforcement of wills of all persons other than a Muhammadan person, is governed by Indian Succession Act. Majority of the provisions of this Act with respect to testamentary succession, i.e. succession through Will is also applicable to any Will made by a Hindu, Buddhist, Sikh and Jaina person. In case of the scenario where the provisions of Indian Succession Act are not applicable, the provisions of Hindu Succession Act, 1956 will be applicable.
In case of Muhammadan person, the Muhammadan laws of Will are applicable.
United Arab Emirates
a) In respect of a DIFC Will – The Law and the Rules of the Dubai International Financial Centre (including the Wills and Probate Rules (WPR) Rules) and the Courts of the Dubai International Financial Centre (as established under Dubai Law No. 12 of 2004) are applicable
b) In respect of a ADJD Will – Personal Status Law for Non-Muslim Foreigners in the Emirate of Abu Dhabi (Law No (14) of 2-021 are applicable
c) Dubai Courts Will – Federal Decree Law No (41) of 2022 on Personal Status is applicable
Malaysia –
The law which governs the execution and enforcement of wills is Probate and Administration Act, 1959.
Hong Kong –
The main laws governing wills in Hong Kong include:
– The Wills Ordinance (Cap. 30)
– The Probate and Administration Ordinance (Cap. 10)
With contributions of
India –
Adv. Sayali Ganu-Dabake, Founder Partner, LexonomiX
Adv. Mrudul Limaye, Associate, LexonomiX
United Arab Emirates –
Elena Schildgen, Senior Partner Lawyer at Meyer-Reumann & Partners.
Malaysia
Sim Wen Yee, Founder & Managing Partner, Messrs Sim &Rahman
Hong Kong
Elsa Law, Founder & Partner, Messrs. Elsa Law & Co. Solicitors
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