Grammar by inserting the to after property instead of

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grammar by inserting the "to" after "property" instead of "entitled" . (See clause 2 of the Bill at Annexure 6). 3.3 Section 4 of the Ordinance provides – "4. Subject to section 6, no will made by any person who has not attained full age shall be valid." 3.4 "Full age" is defined in the Interpretation and General Clauses Ordinance Cap 1 as meaning the age of 18. The age at which a person might make a valid will is to be lowered from 21 to 18 by the Law Reform (Legal Effects of Age) Bill 1989. This bill follows the recommendations made by this Commission in its report on "Young Persons – Effects of Age in Civil Law" and we see no further need for change. 15
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3.5 Section 8(2) of the Queensland Succession Act 1981 provides as follows – "A married person may make a valid will and may also revoke a will with or without making a new will irrespective of age." We see the rationale of this provision as follows: on marriage a person adopts new responsibilities and should be enabled to reflect those responsibilities in a testamentary instrument rather than being restricted to reliance on the provisions of an intestates' succession ordinance. We accordingly recommend that a provision similar to the Queensland provision be enacted (See clause 2 of the Bill at Annexure 6). 3.6 Section 5 of the Ordinance has already been discussed in Chapter 2. 3.7 Section 6 of the Ordinance provides – "6. (1) Any member of Her Majesty's Forces being in actual naval military or air force service, and any mariner or seaman being at sea, may - (a) dispose of any of his property; (b) exercise any power of appointment; or (c) appoint a person as guardian of his infant children by will, without complying with any of the rules specified in subsection (1) of section 5. (2) For the avoidance of doubt it is hereby declared that a person referred to in this section is authorized to dispose of his property by will though he has not attained full age." As a preliminary matter we recommend that, in the introductory words of section 6(1), the words "member of Her Majesty's Forces being" be replaced by "person" and that the archaic expression "being" be deleted from line 3. We also recommend that section 6(2) be repealed and replaced by a provision simple stating that the classes of persons referred to "may make a valid will and may validly revoke a will even though he has not attained full age" (see clause 2 of the Bill). 3.8 Section 11 of the Wills Act 1837 from which this section is derived is a savings section whereas this section is an enabling section. If section 5 is enacted in the form suggested in Chapter 2, we perceive that the only remaining application for section 6 might be in relation to oral wills since there is no reason why a serviceman's non-complying will should not be susceptible to authentication. However, if it is thought desirable to retain section 6 in its present form, one question still remains: section 15 provides 16
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"modes of revocation of will". As it stands, section 15 does not make it possible for a serviceman's will drawn up in compliance with section 6 to be revoked and replaced by drawing up another will in a similar way.
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