ABSTRACT
In general terms a will may be described as a declaration of a person's wishes as to the disposition of his or her property and in relation to certain other matters to take effect upon or after death. The general principle is that testamentary succession to immovable property is to be determined by the lex situs of the property, but this does not necessarily apply in relation to all questions that may arise in relation to a will. The presumption that a testator intended the construction of his will to be governed by the law of his domicile at the time the will was made, may be rebutted by evidence from the will itself or from circumstances external to the will. The question of election may also arise where a testator makes an ineffective gift by will of foreign land to some person other than his heir and also makes a gift of immovable property in England to the heir.
