Any soldier being employed in anexpedition or engaged in actual warfare, ¹ [or an airman so employed or engaged,] or any mariner being at sea,may, if he has completed the age of eighteen years, dispose of his property by a Will made in the manner provided in section66. Such Wills are calledprivileged Wills.

Illustrations

(i) A, a medical officer attached to a regiment is actually employedin an expedition. He is a soldier actually employed in an expedition, and canmake a privileged Will.

(ii) A is at sea in a merchant-ship of which he is the purser. He is a mariner,and, being at sea, can make a privileged Will.

(iii) A, a soldier service in thefield against insurgents, is a soldier engaged in actual warfare, and as suchcan make a privileged Will.

(iv) A, a mariner of a ship, in the course of a voyage, is temporarily on shore while she islying in harbour. He is, for the purposes of this section, a mariner at sea,and can make a privileged Will.

(v) A, an admiral who commands anaval force, but who lives on shore,and only occasionally goes on board his ship, is not considered as at sea, and cannot make aprivileged Will.

(vi) A, a mariner serving on amilitary expedition, but not being at sea, is considered as a soldier, and canmake a privileged Will.

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1. Inserted by Act 10of 1927, section 2 and Schedule I.

Any soldier being employed in anexpedition or engaged in actual warfare, ¹ [or an airman so employed or engaged,] or any mariner being at sea,may, if he has completed the age of eighteen years, dispose of his property by a Will made in the manner provided in section66. Such Wills are calledprivileged Wills.

Illustrations

(i) A, a medical officer attached to a regiment is actually employedin an expedition. He is a soldier actually employed in an expedition, and canmake a privileged Will.

(ii) A is at sea in a merchant-ship of which he is the purser. He is a mariner,and, being at sea, can make a privileged Will.

(iii) A, a soldier service in thefield against insurgents, is a soldier engaged in actual warfare, and as suchcan make a privileged Will.

(iv) A, a mariner of a ship, in the course of a voyage, is temporarily on shore while she islying in harbour. He is, for the purposes of this section, a mariner at sea,and can make a privileged Will.

(v) A, an admiral who commands anaval force, but who lives on shore,and only occasionally goes on board his ship, is not considered as at sea, and cannot make aprivileged Will.

(vi) A, a mariner serving on amilitary expedition, but not being at sea, is considered as a soldier, and canmake a privileged Will.

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1. Inserted by Act 10of 1927, section 2 and Schedule I.

(1)Privileged Wills may be in writing, or may be made by word of mouth.

(2)The execution of privileged Wills shallbe governed by the following rules:-

(a) The Will may be writtenwholly by the testator, with hisown hand. In such case it need not be signed or attested.

(b) It may be written wholly orin part by another person, and signed by thetestator. In such case it need not be attested.

(c) If the instrument purportingto be a Will is written wholly or in part by another person and is not signed by the testator, it shall be deemed to be his Will, if it is shownthat it was written by the testator's directions or that he recognised it as hisWill.

(d) If it appears on the face ofthe instrument that the execution of it in the manner intended by the testatorwas not completed, the instrument shallnot, by reason of that circumstance, be invalid, provided that his non-execution of it can be reasonably ascribed to somecause other than the abandonment of thetestamentary intentions expressed in the instrument.

(e) If the soldier, 1 [airman] or mariner has writteninstructions for the preparation of his Will, but has died before it could be prepared and executed such instructions shall be considered to constitute hisWill.

(f) If the soldier, ¹ [airman]or mariner has, in the presence of two witnesses, given verbal instructions forthe preparation ofhis Will, and theyhave been reduced into writing in hislifetime, but he has died before the instrument could be prepared and executed,such instructions shall be considered to constitute his Will, although they may not have been reduced intowriting in his presence, nor read over to him.

(g) The soldier, 1 [airman] or mariner may make a Will by word of mouth bydeclaring his intentions before two witnessespresent at the same time.

(h) A Will made by word of mouth shall be null at the expiration of one month after thetestator, being still alive, has ceased to be entitled to make a privileged Will.

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1. Inserted by Act 10of 1927, section 2 and Schedule I.

(1)Privileged Wills may be in writing, or may be made by word of mouth.

(2)The execution of privileged Wills shallbe governed by the following rules:-

(a) The Will may be writtenwholly by the testator, with hisown hand. In such case it need not be signed or attested.

(b) It may be written wholly orin part by another person, and signed by thetestator. In such case it need not be attested.

(c) If the instrument purportingto be a Will is written wholly or in part by another person and is not signed by the testator, it shall be deemed to be his Will, if it is shownthat it was written by the testator's directions or that he recognised it as hisWill.

(d) If it appears on the face ofthe instrument that the execution of it in the manner intended by the testatorwas not completed, the instrument shallnot, by reason of that circumstance, be invalid, provided that his non-execution of it can be reasonably ascribed to somecause other than the abandonment of thetestamentary intentions expressed in the instrument.

(e) If the soldier, 1 [airman] or mariner has writteninstructions for the preparation of his Will, but has died before it could be prepared and executed such instructions shall be considered to constitute hisWill.

(f) If the soldier, ¹ [airman]or mariner has, in the presence of two witnesses, given verbal instructions forthe preparation ofhis Will, and theyhave been reduced into writing in hislifetime, but he has died before the instrument could be prepared and executed,such instructions shall be considered to constitute his Will, although they may not have been reduced intowriting in his presence, nor read over to him.

(g) The soldier, 1 [airman] or mariner may make a Will by word of mouth bydeclaring his intentions before two witnessespresent at the same time.

(h) A Will made by word of mouth shall be null at the expiration of one month after thetestator, being still alive, has ceased to be entitled to make a privileged Will.

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1. Inserted by Act 10of 1927, section 2 and Schedule I.