Section 26

A member of the Royal Brunei Armed Forces being in actual military service and a mariner or seaman, being at sea, may dispose of his property or of the guardianship, custody and tuition of a child or may exercise a power of appointment exercisable by will by a privileged will.

For the purposes of this section, a privileged will means any declaration or disposition, oral or in writing, made by or at the direction of the testator which manifests the intention of the testator which he desires to be carried into effect or to the guardianship, custody and tuition of a child or to the exercise of a power of appointment.

A declaration may be a valid privileged will notwithstanding that it was not executed in the manner appearing to have been intended by the testator or that it was intended by the testator subsequently to execute a formal will to give effect to his testamentary dispositions, unless it appears that the failure to execute such declaration in such manner of such formal will was due to the abandonment by the testator of the testamentary intentions expressed by such declaration.

Sections 4, 5 and 6 shall not apply to privileged wills, nor is it necessary for a written privileged will to be signed by the testator.

A privileged will, other than a will which apart from the provisions of this section would have been valid under this Act, shall be null

Wills

B.L.R.O. 2/2000 11

and void at the expiration of one month after the testator, being still alive, has ceased to be entitled to make a privileged will.

Wills executed abroad.