CYPRUS

WlUS AND SUCCESSION

CHAPTER 191 OF THE LAWS

1959 EDITION

PRINTED my

C, 1;. ROWQRTH LIMITED, 54, GHAFTON WAY, LONDON, W . l .

[Afl$winted by the Govanmcnt of Cyprus the Government Prinlers of this Edition of Laws &hi* the meaning of tho Evidence (Colonial Std&s) Act, 1907.1

1959

CHAPTER 195.

WILES ANI) SUCCESSION

ARRANGEMENT OF SECTIONS.

P A R I I (;ENER \ L l'ROVI5IONS.

SPction 1 . 2 3 4 5 0 7 8 9

1 0 11 12 It 14 15 16 17 18 19 ' 0

21 22 23 24 2 5

29

33 34 3.5 3 6 37 38 39 40 41 3 2 43

44 45

... ... ... ... Short title ... Interpretat ion ... Succession ... Mode of siiccession Succession to estate 1 1 0 ~ regulated Kinds of domicile . . . Domicile ol origin ol legitimate Lliiltl Tlomicilc of origin of illegitimate or pnst I i i~nio i i s cllliil 1)omicile of clioice how acquired L)ornicile o f origin prevails Domicile of choice retained Succession to mova1,le propri-t) of persons not tlomic~led i u tile ('olony One domicile on11 for succession to movable propc1-t\- Declaration uf dcatli in certain cases

Incapacity to succced in certain cases Incapacity to succeed how annnlled Tncapacitv no bar to dt*scentlant of person in< alixitatecl to succeed

... ... ...

... ... ... ...

... ... ... ...

... ... ... ... ... ...

... ... . . .

... ...

... ... ...

... ... ...

... ... ...

... ... ... ... ...

... ... Right of succession of pc)stliuinoiis child Nationality no bar to succession , . . . . . ...

... ... . . . ... ... ... ... ... Limitation o l actions t o estalilisli incapacit).

PART 1 1 . \VILLS.

... ... Po\ver ot tlibl)ositiolr t)!. 15 ill Capaci ty to m a k c . ;L w ~ l l l<equisitcs oI a \vi11 ... CompetenLy of ; i t test infi wit n(

... ... ... ... ... ... ... ... ... ... ... ... I,egacy to attesting \vitnt.sscs, , nilll ancl l l l l c l . ' '

Cretlitor attestiilg T v i i I c I);irginfi cstate \ v i t I l det)t iicIni~tt~(l a \vitiirss Executor i~dmitteti a \mt ness Ot)litera{ion, inter1incS:ctioti or nl ! a 1 : .i!

\Vi11 made iincier C ~ ~ I C I ( I I I , etc. Substitution ol legatee . . .

...

...

...

... ... ... ...

. . . ... ... What legacy invalid ... Legacy dependent on certain c o i ~ d i t i o ~ ~ ~ ... Legacy t u religious corporations ... Appointment of guardia.11 I)y will Change of domicile docs not ii1v;tliclaIc~ W I I I \vi11 to constriitd to spe;lk Irom tlratli 0 1 ti'stcltol- ... Iievocation of will ... \Vhen will deemed to bo rrvciltrtl Revival of revoked will ... Gift in coiitemplatiol~ 0 1 d c a l l ~ Dispsa1)le ~ I - ~ I O I I . . .

l)isposal3 Iiy soldiers. etc.. ...

. . ... ... . . .

... ... ...

... ...

. .

. . . ... ... ... ... ...

... ... ... ... ... ...

... ...

... ... Completc frectlom of <.liq>osil 1011 1 1 1 ccrt;i111 ( &se$ ... ... ...

l ' n ~ r I 1 1

Sllare 01 wife or I~risl)ai~tl i n sta.trllor Yroperty received under inarria.ge ... ...

3 t )

f> 0 I , 0 0 (1

7 7 5 7 7 0 ( 1 5 )

1 (J 10 10

i n 11 11 11 11 11 ; I I,' 1 2 12 ! 2 13 13 13 13 13 13 14 14 14 14 15 15

16 14

descendant of deceased ... ... PART IV.

MISCELLANEOUS. 52 Rules of Court ... ... 53 Rights of religious corporations ... 54 Treaty obligations reserved ... 55 Saving of vakfs. ... ...

FIRST SCHEDULE. ... Succession of the Kindred ...

Table of Degrees of Kindred SECOND SCHEDULE.

...

A LAW TO AMEND AND CONSOLIDATE T

... ... ... 46 47 When deceased is taken to have died without heirs

Succession of the kindred. ... ... ... ... ... 48 Degree of kindred, how ascertained ...

49 Psr stirpes, meaning of ... ... ... ... ... ... 50

51 Succession by will no bar to succession by law Property brought into account in reckoning share of child or other ... ...

... ...

... ...

... ...

... ...

...

... ...

[E LAW RELAT

~~ ~~

4 CAP. 195.1 M'ILLS A N D SUCCESSIOA;. I-

" disposd~le portion " means that part of the movable property and immovable property of a Iwrson \\,hicl1 he can dispose of by will ;

" estate " means the movable property and irn- movable property of which a person dies gossesseci ;

executor " means a person to whom the e:xecixtion of the last will of a deceased person is confided by the appointnxnt of the testator ;

I ' fraud " inchdes any of thc following acts com- mitted by a pcrson or with his connivance or by his agc,nt, with intent to deceive another person &I- his agcnt or to incliice him to do any act, that is to say--

( i t ) tlw suggestion, as to a fact. of that which is not t r i i r x 1 ) ~ . one u.ho does not belici-c it to be ti-iic,

( 1 ) ) tlw active concrdment of a fact 1)y o ~ i c l i a \ k ~ g knowldge 01- belief o f thc fact,

(c) ;i pro1i;isc. niatlr, \vithoiit an\' intelltion o f pcrforiii - ing it,

((1) an!' other act titted to decei\.e ; " heir " nicans it person who by olmatioii of la\v

" inimo\-able pi-olwty " includes----- ( ( I ) land. ( / J ) 1,iiildings aiid other erections, striictiires or

fixtiires affixed to any larid or to an\i building or othel- ercction 01- stixcture,

(c) trcn, \rims i ind any other thing \\.liatsoci\-cr planted or growing upon m y land and :irij' prodiice tlic.rtd before se\-vranc:e,

( d ) springs, wells, \vater and water rights wtiether held together witli, 01- indepeiidentl\r of, ;tny land,

(e) I)rivileges, liberties, easements and any otl~er rights and adwiltages whatsoever appertain- ing or reputed to appertain to any land, oI to any building or other erection or striictimre,

(f) a n iindividtd stiarc in any propert L, 1icrc:inbefcm: set out ;

" incq)ablc pcwoi i inems ;my pew111 not 111icit11- tlisabilit t. biit ~vho is cc.1-tilicltf I)\. tn:o iluly qidilic>tl int.ctica1' T,i-;tctitioiicr:i to I)(: iii&pat)lc from iniirinity of inincl t l i i c t ( J tliscmc. 0 1 - oltl age of niaii;iging his OWL ;11Tai 1'5 ;

"

siicc-ceds to ail estate :

I ,

WILLS AND SUCCESSION. [CAP. 195. 5

‘ I infant ” means every person who has not com- pleted eighteen years of age ;

“ legacy ” means a gift by will of movable property or immovable property ;

“ legatee ” means ay person to whom a legacy has been left ;

I ‘ letters of administration means the written authority given to an administrator by a Court to administer the estate of a person who has died intestate or to administer an estate in which a person under disability or an incapable person is interested ;

“ letters of administration with wi l l annexed ” means the written authority given to an administrator by a Court to administer the estate of a person who has left a will without having appointed an executor or has appointed ail executor who has renounced probate or become incapable of acting ;

“ mental patient ” means any person adjudged to be a mental patient under the provisions of the Mental Cap. 252.

Patients Law ; “movable property” means all property of every

description which is not immovable property ; person under disability ” means every person who

is an infant or a mental patient or is prohibited by a Court from the management of his affairs or is absent from the Colony ;

“ probate ” means an instrument in writing issuing out of the Court declaring that the will of a deceased person has been duly proved and that administration of his estate has been granted to an executor named therein ;

“ religious corporation ” includes any religious establishment or religious institution belonging to any denomination and any throne, church, chapel, monastery, mosque, teky6, shrine or synagogue ;

“signature ” and “ to sign ’’ and their cognate expressions shall, in the case of an illiterate person, include his mark or seal ;

“ statutory portion ” means that part of the movable property and immovable property of a person which he cannot dispose of by will ;

C.--Iv. P

6 CAP. 195.1 WILLS A N D SUCCESSION.

Succession.

Mode of succession.

Succession to estate how regulated.

Kinds of domicile.

Domicile of origin of legitimate child.

Domicile of origin of illegitimate or posthu- mous child.

Domicile of choice how acquired.

“ undisposed portion ” means the %whole or the part, as the case may be, of the disposable portion which has not been disposed of by will ;

“ undue influence ” means the exercise by a person o f influence to dominate the will of another person where the relations subsisting between them are such that one of them is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other ;

“ will ’’ means the legal declaration in writing of the intentions of a testator with respect to the disposal of his movable property or immovable property after his death, and includes codicil.

3. On the death of a person his estate shall pass as a whole to one or several other persons.

4. Succession to an estate may be either by will or by the operation of law or by will and by the operation of law.

5. This law shall regulate- (a ) the succession to the estate: of all persons domiciled

(0) the succession to immovable property of all persons in the Colony ;

not domiciled in the Colony.

6. Every person has at any given time either- (.) the domicile received by him at his birth (which

domicile is in this Part called “ the domicile of origin ”), or

(6) a domicile (not being the same as the domicile of origin) acquired or retained by him by his own act (which domicile is in this Part called. “ the domicile of choice ”).

7. In the case of a legitimate child born during his father’s lifetime, the domicile of origin of the child is the domicile of his father a t the time of the child’s birth.

8. In the case of an illegitimate or a posthumous child, the domicile of origin of the child is the domicile of his mother at the time of the child’s birth.

9. A person acquires a domicile of choice by establishing his home at any place. in the Colony with the intention of

WILLS A N D SUCCESSION.' [CAP. 195. 7

permanent or indefinite residence therein, but not otherwise :

Provided that no person shall be held to have acquired a domicile of choice in the Colony by reason only of his residing there in Her Majesty's naval, military, air or civil service.

16). The domicile of origin prevails and is retained until a z;? Of

domicile of choice is in fact acquired. prevails.

11. A domicile of choice is retained until it is abandoned, $oep of

whereupon either- retained.

(a) a new domicile of choice is acquired, or (b ) the domicile of origin is resumed.

12. Succession to movable property of persons dying in :;:;;se the Colony but not domiciled there shall be regulated by property of

the law of the country in which they had their domicile at $;s;$?n the time of their decease. the Colony.

3, No person can for the purpose of succession to ~ $ ; c ~ ; ~ ~ ~ l ~ p

movable propertv have more than one domicile. SUCCeSSlOlr eo TIlovabi.: pr QpedJ'

84, (1) A person who has disappeared or is missing nlaay, Declaratior. subject to the provisions of this section, be declared dead by ;:i:;::;;es a17 order of a Court.

(2) (a ) The declarataarr oi death may be made if for t e c JTK~*S DO news has been received that the person who hds disappeared is alive

?rovided that no such declaration shall be made before the close of the year in which the person who has disappeared wouPd have completed his ~ w e ~ t y - e ~ ~ ~ ~ h year of age:

Provided further that in the case of a person who has di sapgeared and who wordd have completed his seventieth war of age such declaration may be made if for five years ho news has beera received tliat he is alive.

(b ) The periods of ten and five years, respectively, in this subsection mentioned, will commence to n i l 1 from the close of the last year in which the person who has disappeared \vas reported to be still alive.

(3) (a) A person, who as a member cd an armed force P (2)

8 CAP. 195.1 WILLS A N D SUCCESSION.

taken part in a war, has been missed during the war and has not since been heard of, may be declared dead if three years have elapsed since the conclusion of peace. If no conclusion of peace has taken place, the three years in this section mentioned will commence to run from the close of the year in which the war was brought to an end.

(6) For the purposes of this subsection a person who accompanies an armed force in the capacity of official or servant or volunteer or muleteer is deemed to be a member of an armed force.

(4) ( U ) If any ship or aircraft shall have been lost during a sea or air passage, any person who was on board at the time and who has been missing since the loss of the ship or aircraft may be declared dead if one year has elapsed since the loss.

( b ) The loss of the ship or aircraft shall be presumed if such ship or aircraft has not arrived at the place of destina- tion or, having no fixed destination, bas not returned withiin three years since the beginning of the sea or air passage, a s the case may be.

(5) P i a person has been in peril 01 his life in circumstances e t lm than those specified in subsectioins (3) and (4) and has never thereafter been reported alive, he may be cieclared dead if three year:: have elapsed since the occurrence whereby the peril of life arose.

($5) (a) 'The declaration of death establishes the re- "clxi table presumption lhat the person who has disappeared or is missing died at the date fixed in the order for the declaration of death and, unless the ascertaineid facts indicate some other date, death is presumed to have vaccurred-

(i) in the cases provided for by subsection (21, at the e declaration of death could

first be lawfully made; (ii) in the cases provided for by subsection (3), at the

date at which peace was concluded car at the dose of the year in which the war w . ~ brought to ibIp end;

(iii) in the cases provided for by subsection ($)y at the date at which the ship or aircraft was lost or is presumed to have been lost;

(iv) in the cases provided fol by subsection (S), at the date at which. the occurrence kook place.

WILLS A N D SUCCESSION. [CAP. 195. 9

(b) If the time of death is fixed only as a certain day, death is deemed to have taken place at the end of that day.

(7) If several persons have perished in a common peril, i t is a rebuttable presumption that they have all perished siniult aneou sly.

(8) In cases of dispute as to which of two or more persons deceased died first, the partv asserting the priority of thc death of one of them must give proof of his assertion. Tn the absence of proof, it shall b t x ptcsiiiiied that thev died si111 lilt aneoiislv.

(9) A n order for drclaration of death iiiav be iiiade onlv by a Court or l'ribiiiial Ivithin the jiirisdiction of which the person who has (lis; 11 ywar ed or is missing hac1 his last known place of residence and only on the application of the Attoriit.?,-(;enor;il oi a peer sori \\.ho dtdiices rights from the death of thr. person concerncld.

,10 CAP. 195.1 WILLS A N D SUCCESSION.

succeeded to make a will or to revoke a will already made ; or

(a) has prevented the person to whose estate he would otherwise have succeeded from making, altering or revoking a will already made by him ; or

(e) has submitted to the person to whose estate he would otherwise have succeeded a supposititious will; or

(f) has wrongfully altered or destroyed a will already made by the person to whose estate he would otherwise have succeeded ; or

(g) has aided or abetted any person in the conmission of any of the above acts.

Incapacity

annulled.

18. The incapacity to succeed to an estate in section 17 of this Law mentioned, shall be annulled and removed if the deceased has voluntarily and in express terms pardoned the otherwise incapacitated person by a declaration in writing made and signed before, and witnessed by, a Commissioner, or by provision made in his will therefor.

to succeed, how

The descendants OS an incapacitated person,, who b ~ t no *la to for his incapacity woiild be entitled.to succeed by operataotl of persori in- 04 law to an estate, ?hall be entitled to succeed to the estate c ~ = ~ ~ ~ t ~ ~ in the same ~nan~ier a s if the incapacitated person had died

in the lifetime of the intestate ; but the person incapacitated upon whose descendants the estate devolves shall be debarred from any subsequent right of eirjoyrnend thereof accorded to him by law.

descendant

to snccwd.

Limitation of actions to establish incapacity.

30. All actions where any estate as claimed on the ground sf the incapacity of a person to succeed thereto shall be commenced before the lapse of three years from the date of the death of the person to whose estate he would otherwise

w e succeeded.

Power oi dispoaitio by will.

WILLS.

21. It shall be lawful for every person to dispose of by his will, executed in manner in section 23 of this Law provided, the whole or any part of the dkpqsable portion.

WILLS A N D SUCCESSION. [CAP. 195. 11

22. No will made by any person who is not of sound mind ggz$a. or has not completed, the age of eighteen years, shall be valid.

23. No will shall be valid unless it shall be in writing and Z F ! ? executed in manner hereinafter mentioned, that is to say-

(a) it shall be signed at the foot or end thereof by the testator, or by some other person on his behalf, in his presence and by his direction ; and

(b ) such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time ; and

fc) such witnesses shall attest and shall subscribe the will in the presence of the testator and in the presence of each other, but no form of attesta- tion shall $e necessary ; and

( d ) ii the will consists of more than one sheet oi paper, each sheet shall be signed or initialled by or on behalf of the testator and the witnesses.

Competency of attesting 24. The witnesses to a will shall be persons who---

(a) have completed the age of eighttiera years ; and (b ) are of sound mind ; and ( c ) are able to sign their names.

wienecses

25. If any person shall attest the execution of any will to :;:;;: whom or to whose wife, husband or child any beneficial witnesses. legacy (other than and except charges and directions for the ;$d#;$ payment of any debt), shall be thereby given or made, such legacv shall, so far only as concerns such person attesting the execution of such will, or the wife, husband or child of such person, or any Berson claiming under such person or wife or husband or chhd, be utterly null and void, and such person so attesting shall be admitted as a witness to prove the execution of such will or to prove the validity or invalidity thereof notwithstanding such legacy mentioned in such will.

26. In case by any will any estate shall be charged with c:;;$O&

any debt, and any creditor or the wife, hiisband or child will charging of any creditor whose debt is so charged shall attest the SF;: with execution of such will, such creditor notwithstanding such admitted a

charge shall be admitted a witness to prove the execution witness. of such will or to prove the validity or invalidity thereof.

12 GAP. 195.1 WILLS AND SUCCESSION

Executor

witness.

27. No person shall, on account of his being an executor of a will, be incompetent to be admitted a witness to prove the execution of such will or to prove the validity or invalidity thereof.

admitted a

intwlinea- 28. No obliteration interlineation or other altleratim tionor made in any wiul after the execution thereof shall be valid other or have any effect, except so far as the words or effect of in will the will before such alteration shall not be apparent, rnnless

such alteration be executed in like manner as in .;ection 23 of this Law is required lor the execution of the will, with snch alteration as part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin or some other part of the wiU opposite or near to such alteration QE" at the foot or end of QP opposite to a memorandum referring to such alteration and written at the end or some other part of the will

alteration

*ill made 29. A will, oc any part 04 a wi l l , t l ~ e making of whiclli has coeTc,on, etc been caused by coercion, fraud or 'by the exercise of undue

influence upon the testator, shall be null and void. under

bubs~t-u*lon 30. A testator may nnake provision in pis will for the substitution of any legatee hor any other legatee mentioned therein.

of legatee.

(a) if made to a person who is not in existence at the time of the death of the testator :

of the testator shall be valid : Provided that a .legacy to a post.

(b) if it does not express ai definite intentioo~z.

WILLS AND SUCCESSION. [CAP. 195. 13

32. Where a legacy is dependent upon an impossible, zg;ient illegal or immoral condition, such condition shall. be void o n e but the legacy shall be valid. conditions.

33. (1) No person having any relation within the third :z;tto degree of kindred shall have power to bequeath a legacy corporations. to any religious corporation, save by a will executed at least three months before his death :

Provided that no such legacy shall be v&d if it relates to any land situate outside the limits of the areas specified, Por the purposes of this section, on the survey maps signed by the Director of Lands and Surveys and deposited in the District Lands Office before the corning into operation oi this Law.

(2) Where the testator is a Moslem a legacy under sub- section (I) shall be deemed to be a vdid dedication and shall

by the law in force for the time being ~~~~~~~~ %a vdid deeds of dedication.

I A father or mother may by w appoint a g ana rdian for his or her child during the time that such child is a per6 3QW guardian mder disability or an incapable person :

Provided that a C O U ~ may for good reason at its discretion remove such guardian and appoint another guardian in his stead.

bg ~ i a

shall be held to have become invalid nor sh the construction thereof. be altered by reason of any subse- notinvali- quent change of domicile of the person making the same.

domicile does

date will.

36. Every will shall be construed, with reference to the w a t o b e

xecuted immediately before the death of the testator, from death a contrary intention shall appear by the will.

construed estate comprised in it, to speak and take effect as if it had tospeak

of testator.

7' ;VQC&aion 7. A will may be revoked- 6' d l . (a> by a subsequent will expressly revoking the former

one ; (b) by a subsequent will inconsistent with the provisions

of the former one, but so far only as the provisions of the two wills are inconsistent ; OH

(c) by burning, tearing or otherwise destroying the same by the testator or by some person in his presence and by his direction, with the intention of revoking it.

GAP. 195.1 WILLS A N D SUCCESSION. _I_--___

14 __

When will deemed to be revoked.

Revival of revoked will

Gift in contem- plation of *ieatR.

38. A will shall be deemed to be revoked- (a) by the marriage of the testator after the execution

of the will ; ( b ) by the birth of a child to the testator after the

execution of the will, if at the time of the making 04 the will the testator had no children:

Provided that such marriage or birth shall not be d,elemed to revoke a will if it ap1)ears upon the face of the will that the will was made in contemplation of such marriago or birtrii..

39. No will or any part thcreaf, which slid be in my manner revoked, shall be 5-cviveA otherwise than by thc re-execution thereof in mafiner in section 23 of this Law

ed and showing an intention to revive the same : and when any will which sha revoked artd afterwards wholly revoked shal such revival shal not extend ho so much thereof as shaU have been revoked before the revocation of the wircde thered, unRess an intention to the contrary shall ire hO\vf iL

. (I) Save as in section 42 of this Law pxovided, where a

(a) a spouse and child, or a spouse and a descendant. of a d CUI- a ~~$~~~~~~~~~~

person dies leaving-

chiid, or no spouse but a c

WILLS A N D SUCCESSION. [CAP. 1

of a child, the disposable portion shall not exceed one-third of the net valiie of his estate ;

(b ) a spouse or a father or a mother, but no child nor descendant thereof, the disposable portion shall

one-half of the net value of his estate ; ( c ) neither spouse, nor child nor descendant of a child,

r, nor a mother, the disposable be the whole of his estate.

(2) Where a person has purported to dispose by will of a part of his estate in excess of the disposable portion, such disposition shall be reduced rand abated pr~po~-tic;pplaugr so as to be limited to the disposable portion.

42. Any person who was born i)r whose father was born

Dominions may, whether domiciled in the Colony or not, ~ Q C Z ~

dispose of the whole of his movable property and inmoadAe property by will.

any declaration made

been valid and effective under the English law and effective a s La v/

in the United Kilngdom OF any of the s ~ ~ ~ - ~ Q v ~ ~ ~ ~ ~ ~ dispa

cas I

a (I) Notwithstawdi anything in th is ~ , a w coritainec~~ zd any pePson WTh respec? tot Shd

disposal of his propel-ty zfter his death which would have

means--

GAP. 195.1 WILLS A N D SUCCESSION.

~~~~~~~~~ portion, and in the undisposed portion if any, as folga~vs, that is to say-

e deceased has left besides such wife or husband-- 8,f.j any child or descendant thereof, such share shall be

the one-sixth of the statutory portion and. of the mdisgosed portion, but if there be more children i l - m ~ five (whether they be living or represented

descendants) then it shall be a share equal to

m child nor descendant thereof, but any anicestor or descendant thereof within the third degree of kindred to the deceased, such share shall be the me-half oi the statutory portion and of the un- disposed portion ;

0) no cidd nor descendant thereof, nor any ancestor or descendant thereof withiri the third degree oi kindred 60 the deceased, b ~ ~ t any ancestor or descendant thereof of the iourtb degree of icimired to the deceased, such share shall1 be the rhree-fourths of the statutory portion and of the

{a) no child aar descendant thereof nor any ancestor e fourth degree of

Iciridred to the deceased, such share shall be the whole statutory portion and the whole andisposed portion :

r!%ovided that where the deceased hais left more than one lawful wife the share given to the wife under the provisions ot ;his sec+i:loai shall be divided equally between such wives.

E share of one of such children ;

i:ndisposed portion ;

descendant thereof within

+Gm ,4 mite JX Rcisband who becomes entitled to a share in the statu tory potion or in the undisposed Fortion, shall not bring inis accoiins in reckoning such share any movable yrroperty or imnwvable propertv received from the deceased by --Firtile 01 a marriage contract.

e Subject io the provisions of this Law as to the in- .-=,pacity of pt~'s.ity~s to succeed to an estate and subject to

e share ot a su7-viving wife or husband of the deceased, e class sk pe~s"csn or persons who on the death of the

dece shaB.1 become entitled to the statutory portion, ancl ~ndispssed ;iLrtjon if any, and the shares in which they al-sa'ek be scb entiticd, if naore than one, shall be as set

WILLS A N D SUCCESSION. [ 17 ~-

out in the sevcral colainnns of the First ~ ~ h e d ~ i ~ e to this Law

of a siibseqiient class.

&?Lute Provided that persons of oiic class shaU exclude persons

47. (1) If there is no person of kin to the deceased within When deceased 2s

the sixth degree of kindre living at his death he shall be takent.0 taken to have died with t heirs, and no one of his kin havedid beyond the sixth degree of kindred s om his death become heirs. in any manlier entitled to the statu portion, anid to the undisposed portion if any.

(2) On failure of be s as in subsection (I) provided, md subject to the share o a s ~ r v i v ~ ~ ~ wife OH sband, if any, the statutory portio and the undispos portion shall become the propert)7 of the ~ ~ ~ ~ ~ ~ i i ~ ~ ~ e n ~ .

without

48. (1) 'The degree of kindred between any two persons Degeeaf shall be ascertaiiied as follows, that Is to say, when the two ascertained persons are in the direct line of descent the one from the other, by reckoning the nuniber of pnera t ion~ ~~~~~ either of them to the other, each generatisoan ~ o ~ ~ s ~ ~ ~ u ~ ~ and where they are not in t e direct line of de iroin the other, by reckon g the number o fram either of them up to their common the coinmon ancestor ~~~~~~~~~~~~ to the o generation c Q ~ s ~ i ~ ~ ~ ~ n ~ a degree.

(2) The degrees 09 kindred down io the si shown in the table set out in the 5kcond Sche

kindred, ha.

s e ~ s c ? Schedur-

. 195.1 WILLS A N D SUCCESSION.

er descendant of the deceased who to succeed to the statutory portion, and to ortion if any, shall in reckoning his share nt all movable property and immovable e has at any time received firom the

f advancement ; or r a marriage contract ; or

made in contemplation of death : movable property or immovable

ht into account !if the deceased has provision that such perty shall not be

BART %v. ISCELLAWEOUS.

Rilles U; 5X The Governor may, with the advice and assistance of tbre Chief Justice, make Rules of Court for any matter or proceeding bad or taken before any Court under the provisions of this Law

Provided that, until such Rules are made, such matters a d proceedings shall be regulated by the Rules of Court relating to Wills and Successions (including any Rules prescribing the fees payable in respect of such matters and ~ ~ o c e ~ ~ i ~ ~ s ~ in force on the date of the coming into opera- tion of this Law.

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53. This Law shall not affect any established rights of any

9s Law chall not be applied in any case in which the ~~~~~~~~~~~ thereof shall appear to be iiaconsistent with any obligation imposed by treaty.

5. ~~~~1~~~~ in this Law contained shall apply to any ~~~~~~~~~~e y .qxr ty made and held as Vakf under any Law relating LO Vakfs and in force for the time being.

i <~,ligwous corpoa ation. corg)orat\uris

FIRST SCHEDULE. (Section 46.)

Class.

1. First Class ...

2. Second Class ...

3. Third Class ...

4. Fourth Class ~, .

Persons entitled.

1. (U) Legitimate children of the deceased living at h i s death ; and

(b) descendants, living at the death of the deceased, of any of the deceased’s legitimate children who died in his life- time.

2. (a) Father, mother of the deceased living at his death (or if not living at hi; death, the nearest ancestor living a t his death) and brothers and sisters of the full and half blood of the deceased living at his death ; and

(b) descendants, living at the death of the deceased, of any of the deceased’s brothers or sisters who died in his lifetime.

3. The ancestors of the deceased nearest in degree of kindred living at his death.

4. The nearest kin of the deceased living at the death within the sixth degree of kindred, the nearer degree excluding those more remote.

Shares.

1. (a) In equal shares ;

(b) in equal shares per stirpes.

2. (a) All in equal shares except that brothers and sisters of the half blood take half the share of a brother or sister of the full blood ;

(b) in equal shares per stirpes.

3 If there are ancestors ~f equal degree of kindred on both the father’s side and on the mother’s side. the an- cestors on each side shdil take half of the statutory portion, and of the un- disposed portion if any, and. if there are more than one of them on either side, in equal shares.

4. In equal shares.

-- 20 CAP. 195.1 WILLS AND SUCCESSION.