Section 4: Marriage contracts and wills

4. Marriage contracts and wills (1) Where a will or contract of marriage bears the certificate of the Island Chief Executive that the signatures attached to the will or contract are genuine and that the contents of the document express the true intention and consent of the parties whose signatures are attached, the will or contract shall have the same legal force and effect as if it were a notarial deed drawn up and passed in Mauritius in the legal form. (2) (a) Any party in Rodrigues may submit, for authentication, to the Island Chief Executive any document written in any language which he orally states to be his last will. (b) On receipt of a document under paragraph (a), the Island Chief Executive shall— (i) ascertain the identity of the party; (ii) either by himself, or where necessary by the written translation made and signed by a competent person and marked for identification by the Island Chief Executive, ascertain that the contents of the document are in accordance with the real intention of the party; (iii) write on the document so that it may be identified— (A) the names of the party; (B) the fact that the party declared the document to be his will; (C) that any written translation has been made and is annexed; (D) the name of the translator; (E) the date on which the document was presented to him; (F) his signature and official capacity; and (iv) return the document and any written translation to the party. (3) Where the testator is unable to sign through ignorance or some other cause, he shall record a declaration to that effect to the Island Chief Executive who shall record the same on the original document and require the testator to forthwith affix his mark to that document. (4) The Island Chief Executive shall enter, or cause to be entered, in a register to be kept at the Court of Rodrigues a note of all wills and marriage contracts on which he has written any certificate by virtue of this Act. (5) The note under subsection (1) shall consist of the names of the parties to the wills and contracts and of the dates of the certificates, and shall be signed or initialled by the Island Chief Executive. [S. 4 amended by s. 66 (4) of Act 39 of 2001 w.e.f. 28 January 2002.]