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WILLS ACT AMENDMENT ACT 1852

WILLS ACT AMENDMENT ACT 1852 - LONG TITLE

An Act for the Amendment of the Wills Act, 1837.
[17th June 1852]
Preamble rep. by SLR 1892.Position of the testator's signature.

WILLS ACT AMENDMENT ACT 1852 - SECT 1
1837 c.26

1. Where by the Wills Act, 1837, it is enacted, that no will
shall be valid unless it shall be signed at the foot or end
thereof by the testator, or by some other person in his presence,
and by his direction: Every will shall, so far only as regards the
position of the signature of the testator, or of the person signing
for him as aforesaid, be deemed to be valid within the said
enactment, as explained by this Act, if the signature shall be so
placed at or after, or following, or under, or beside, or opposite
to the end of the will, that it shall be apparent on the face of
the will that the testator intended to give effect by such his
signature to the writing signed as his will; and no such will
shall be affected by the circumstances that the signature shall not
follow or be immediately after the foot or end of the will, or by
the circumstance that a blank space shall intervene between the
concluding word of the will and the signature, or by the
circumstance that the signature shall be placed among the words of
the testimonium clause or of the clause of attestation, or shall
follow or be after or under the clause of attestation, either with
or without a blank space intervening, or shall follow or be after,
or under, or beside the names or one of the names of the
subscribing witnesses, or by the circumstance that the signature
shall be on a side or page or other portion of the paper or
papers containing the will whereon no clause or paragraph or
disposing part of the will shall be written above the signature, or
by the circumstance that there shall appear to be sufficient space
on or at the bottom of the preceding side or page or other
portion of the same paper on which the will is written to contain
the signature; and the enumeration of the above circumstances shall
not restrict the generality of the above enactment; but no signature
under the said Act or this Act shall be operative to give effect
to any disposition or direction which is underneath or which follows
it, nor shall it give effect to any disposition or direction
inserted after the signature shall be made.

WILLS ACT AMENDMENT ACT 1852 - SECT 2
Act to extend to certain wills already made.

2. The provisions of this Act shall extend and be applied to every
will already made, where administration or probate has not already
been granted or ordered by a court of competent jurisdiction in
consequence of the defective execution of such will, or where the
property, not being within the jurisdiction of the ecclesiastical
courts, has not been possessed or enjoyed by some person or persons
claiming to be entitled thereto in consequence of the defective
execution of such will, or the right thereto shall not have been
decided to be in some other person or persons than the persons
claiming under the will, by a court of competent jurisdiction, in
consequence of the defective execution of such will.

WILLS ACT AMENDMENT ACT 1852 - SECT 3
Interpretation of ""will.''

3. The word "will" shall in the construction of this Act be
interpreted in like manner as the same is directed to be
interpreted under the provisions in this behalf contained in the
Wills Act, 1837.

WILLS ACT AMENDMENT ACT 1852 - SECT 4
Short title.

4. This Act may be cited as the Wills Act Amendment Act, 1852.