- different systems of law may apply- effect will be given

to any direction in the will, whether express or implied that it is to be construed in accordance
with the rules of construction of any particular system.

The
of language are treated as indications, but no conclusive indications of the system of be applied.

Disposition under Wills where systems of law are different: c

domicile at his death determines the law governing the formal validity of a will of movables.

Domicile and nationality at the time of making the wills is irrelevant- the position is the same in
India.

System of law with which a person is familiar- making of the will- also plays an important role
in the construction of the will. Construction must not be altered by change of domicile after the
execution of the will.

Revocation of Wills:

The revocation of will is effective if it complied with the requirements of any of the laws
qualified to govern the formal validity of the earlier will.
The form of revocation by a later will that is valid in the country where it was made will
be effective to revoke a will made under another system of law. It will also operate to
revoke an earlier will made under another system of law, even if the subsequent will is
invalid in the country in which it was made but valid under the other system of law by
which the first will was made.

Revocation of a will by marriage will be determined by the law of domicile of the person at the
time of marriage. In India, a will is revoked by marriage except in the cases of Hindu, Buddhists,
Sikhs or Jains.

Succession to Movables: Domicile- where no proof of domicile and person dies leaving
movable property in India- law in India will apply.

Succession to Immovable property- capacity shall be determined by Lex Situs. Where a

testator diposes of property in more than one country- th

Sometimes, when the instrument if defective and the disposition requires to be interpreted-
testator may be familiar with the expressions used in his country of domicile and hence lex situs
may be displaced in certain cases.

Example- the testator was at all material times a resident in one place and owned land in another
place. He made a will in 1970 disposing of his property. He married in Malta in 1972 and died in
1973. Under the Maltese Law, marriage did not revoke the will whereas under the New South
Wales, it did. Court could not justify imposition of the law of South Wales where the property
was situated.

Intestate Succession- Lex situs, change of domicile does not matter. In India, if the property is
situated in Goa, Goa Civil Code will apply but if a person domiciled in Goa has property outside
Goa, the respective personal laws as applicable to the rest of India will apply. If a person
domiciled in Goa dies leaving property in Goa and Karnataka, property in Goa will be governed
by The Goa Civil Code but property in Karnataka will be governed by the laws applicable to the
rest of India.