Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 10C

Supplementary provisions as to wills executed under section 10B

(1) Where under section 10B(1) the Court makes an order or gives a
direction or authority requiring or authorizing another person ("the
authorized person") to execute a will for a mentally incapacitated person, any
will executed in pursuance of that order, direction or authority shall be
expressed to be signed by the mentally incapacitated person acting by
the authorized person, and shall be-

   (a)  signed by the authorized person in the name of the mentally 
        incapacitated person, and with the authorized person's own name, in
        the presence of 2 or more witnesses present at the same time;

   (b)  attested and subscribed by those witnesses in the presence of
        the authorized person; and

   (c)  sealed with the seal of the Court.

(2) The Wills Ordinance ( Cap 30) shall have effect in relation to any such
will as if it were signed by the mentally incapacitated person by his own
hand, except that in relation to any such will-

   (a)  section 5 of that Ordinance (which makes provision as to the signing
        and witnessing of wills) shall not apply; and

   (b)  in any provision of that Ordinance any reference to execution in the
        manner required by that section of that Ordinance shall be construed
        as a reference to execution in the manner required by subsection

(1).

(3) Subject to this section, any such will executed in accordance with
subsection (1) shall have the same effect for all purposes as if the
mentally incapacitated person were capable of making a valid will and the will
had been executed by him in the manner required by the Wills  Ordinance (
Cap 30).

(4) So much of subsection (3) as provides for such a will to have effect as if
the mentally incapacitated person were capable of making a valid will-

   (a)  shall not have effect in relation to such a will in so far as it
        disposes of any immovable property, other than immovable property in
        Hong Kong; and

   (b)  where at the time when such a will is executed the mentally 
        incapacitated person is domiciled in a place outside Hong Kong, shall
        not have effect in relation to that will in so far as it relates to
        any other property or matter, except any property or matter in respect
        of which, under the law of the mentally incapacitated person's
        domicile, any question of his testamentary capacity would fall to be
        determined in accordance with the law of Hong Kong. (Added 81 of 1997
        s. 9)