65. Privileged wills
Any soldier being employed in an expedition or engaged in actual warfare, [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 section 66. Such wills are called privileged wills.
Illustrations
A, a medical officer attached to a regiment is actually employed in an expedition. He is a soldier actually employed in an expedition, and can make a privileged will.
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.
A, a soldier serving in the field against insurgents, is a soldier engaged in actual warfare, and as such can make a privileged will.
A, a mariner of a ship, in the course of a voyage, is temporarily on shore while she is lying in harbour. He is, for the purposes of this section, a mariner at sea, and can make a privileged will.
A, an admiral who commands a naval force, but who lives on shore, and only occasionally goes on board his ship, is not considered as at sea, and cannot make a privleged will.
A, a mariner serving on a military expedition, but not being at sea, is considered as a soldier, and can make a privileged will.
Amendment notes (1)
- Ins w.e.f. 4-4-1927 . Ins. by Act 10 of 1927, s. 2 and the First Schedule (w.e.f. 4-4-1927).