South Australian Current Acts South Australian Current Acts36—Application of system of law
(1) If under this Act
the internal law in force in any country or place is to be applied in the case
of a will, but there are in force in that country or place 2 or more
systems of internal law relating to the formal validity of wills, the system
to be applied must be ascertained as follows:
(a) if
there is in force throughout the country or place a rule indicating which of
those systems can properly be applied in the case in question—that rule
must be followed;
(b) if
there is no such rule—the system will be that with which the testator
was most closely connected at the relevant time (and for this purpose the
relevant time is the time of the testator's death where the matter is to be
determined by reference to circumstances prevailing at the testator's death
and the time of execution of the will in any other case).
(2) In determining for
the purposes of this Act whether or not the execution of a will conformed to a
particular law, regard must be had to the formal requirements of that law at
the time of execution, but this does not prevent account being taken of an
alteration of law affecting wills executed at that time if the alteration
enables the will to be treated as properly executed.
(3) If (whether in
pursuance of this Act or not) a law in force outside this State falls to be
applied in relation to a will, any requirement of that law by which special
formalities are to be observed by testators answering a particular
description, or witnesses to the execution of a will are to possess certain
qualifications, will be treated, despite any rule of that law to the contrary,
as a formal requirement only.