PROBATE AND ADMINISTRATION ORDINANCE

PROBATE AND ADMINISTRATION ORDINANCE

LAWS OF HONG KONG

PROBATE AND ADMINISTRATION ORDINANCE

CHAPTER 10



REVISED EDITION 1971

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 10.

PROBATE AND ADMINISTRATION ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section...................................... Page.

1. Short title ........ ....................... ... ... ... ... 4

2. Interpretation ............................. ... ... ... ... ... ... ... 4

PART I.

JURISDICTION AND POWERS OF THE
COURT.

3...............................Jurisdiction of the court in probate and administration ... ... ...

4...............Sealing of documents .......... ... ... ... ... ... ... ... ... ... 5

5...............................Registrar may exercise jurisdiction in certain cases ... ... ... ... 5
6...............................Restrictions upon exercise of jurisdiction by Registrar ... ... ... ... 6
7...............................Power of ordering production of testamentary writings ... ... ... ... 6

8..........................Summons of executor to prove or renounce ... ... ... ... ... ... 7

PART II.

THE OFFICIAL
ADMINISTRATOR.

9........................Registrar to be Official Administrator ... ... ... ... ... ... ... 7

10...................................Vesting of estate of deceased person in Official Administrator ... ... 8

11..........................Re-vesting of property on vacation of office ... ... ... ... ... ... 8

12. Power to take possession of property until grant; procedure relating to deaths

of nationals of certain foreign states ... ... ... ... ... ... ... 8

13...................................Unlawfully removing property of deceased from Hong Kong ... ... 8

14. Lien on property of deceased person for expenses incurred under section 12 8

15.................................Summary administration of estates not exceeding $20,000 ... ... ... 9

16.....................................Cases in which Official Administrator is entitled to administration ... 9

17.......................Saving as to estates of certain persons ... ... ... ... ... ... ... 9

18.................Power of limiting grant ... ... ... ... ... ... ... ... ... ... 9
19.................Commission on moneys received ... ... ... ... ... ... ... ... 9
20.................Keeping of books of account ... ... ... ... ... ... ... ... ... 10

21........................Copies of documents and accounts ... ... ... ... ... ... ... 10
22........................Redress against Official Administrator ... ... ... ... ... ... ... 10
23........................Effect of grant to Official Administrator ... ... ... ... ... ... ... 10

23A. Payment into Government account of unclaimed balance of intestate's estate 10

23B................................Advertisements as to unclaimed balance of intestate's estate ... ... ... 11

23C. Transfer of unclaimed balance not exceeding five hundred dollars ... ... 11











Section. Page.
PART III.
GRANTING AND REVOCATION OF PROBATES, ETC.
24. Application for grants ... ... ... ... ... ... ... ... ... ... ... ... 11
25. Number of personal representatives ... ... ... ... ... ... ... ... ... 12
26. Grant of representation to a trust corporation ... ... ... ... ... ... 12
27. Right of proving executors to exercise powers ... ... ... ... ... ... ... 12
28. Cesser of right of executor to prove ... ... ... ... ... ... ... ... ... 13
29. Express renunciation of right to probate ... ... ... ... ... ... ... ... 13
30. Constructive renunciation ... ... ... ... ... ... ... ... ... ... ... 13
31. Retraction of renunciation ... ... ... ... ... ... ... ... ... ... ... 13
32. Withdrawal of renunciation ... ... ... ... ... ... ... ... ... ... 14
33. Revocation of grants and removal of executors ... ... ... ... ... ... 14
34. Executor of executor represents original testator ... ... ... ... ... 14
35. On failure of executors ... ... ... ... ... ... ... ... ... ... ... ... is
36. Appointment of administrator of intestates estate ... ... ... ... ... ... is
37. Grant of special administration ... ... ... ... ... ... ... ... ... ... is
38. Payment of costs relating to special administration ... ... ... ... ... 16
39. Case of infant being being sole executor ... ... ... ... ... ... ... ... ... 16
40. Appointment of administrator pendente lite ... ... ... ... ... ... ... 16
41. Administration pending appeal ... ... ... ... ... ... ... ... ... ... 16
42. Prohibition of executor acting pending administration ... ... ... ... ... 16
43. Rights and liabilities of administrator ... ... ... ... ... ... ... ... 17
44. Legal proceedings after revocation of temporary administration ... ... ... 17
45. Caveats ... ... ...... ... ... ... ... ... ... ... ... ... ... ... 17
46. Power to require administrators to produce sureties ... ... ... ... ... 17
47. Effect of guarantee... ... ... ... ... ... ... ... ... ... ... ... 17

PART IV.
SEALING OF GRANTS BY BRITISH COURTS OUTSIDE HONG KONG.

48..........Interpretation .................... ... ... ... ... ... ... ... ... ... 17

49...............................Scaling of grants by British courts outside Hong Kong ... ... ... ... 18

so........................Conditions to be fulfilled before sealing ... ... ... ... ... ... ... 18

51.....................Application of sections 46 and 47 ... ... ... ... ... ... ... ... 18

52. Duplicate or copy admissible ... ... ... ... ... ... ... ... ... ... 18





Section. Page.
PART V.
POWERS, RIGHTS, DUTIES AND OBLIGATIONS OF PERSONAL RESPRESENTATIVES.

53. Rights of action of personal representative ... ... ... ... ... ... ... 18

54. Power of personal representative to dispose of property ... ... ... ... 18
55. Purchase by personal representative of deceased's property ... ... ... ... 19
56. Duty of personal representative as to inventory ... ... ... ... ... ... 19
57. Protection of persons acting on probate or administration ... ... ... ... 19
58. Liability of a person fraudulently obtaining or retaining estate of deceased 20
59. Liability of estate of personal representative ... ... ... ... ... ... ... 20
60. Allowance of remuneration to executor, administrator or attorney ... ... 20

PART VI.

ADMINISTRATION OF
ASSETS.

61............................Property of deceased is asset for payment of debts ... ... ... ... ... 21

62.................Duties of representatives ... ... ... ... ... ... ... ... ... ... 21
63.................Administration of assets ... ... ... ... ... ... ... ... ... ... 22

64.................................Charges to be paid primarily out of the property charged ... ... ... 22

65.....................Contracts by personal representative ... ... ... ... ... ... ... ... 23

66............................Assent or conveyance by personal representative ... ... ... ... ... 23

67.....................................Right to follow property and powers of the court in relation thereto ... 24

68...............................Powers of personal representative as to appropriation ... ... ... ... 25

69............................Power to appoint trustees of infant's property ... ... ... ... ... 27

70. Powers of personal representative as to giving possession of land and powers

of the court ............................. ... ... ... ... ... ... 27

71...................Power to postpone distribution ... ... ... ... ... ... ... ... ... 28

PART VII.

MISCELLANEOU
S.

72. Probate rules and orders ................. ... ... ... ... ... ... 28

73. Depositing and inspection of wills ....... ... ... ... ... ... ... ... 28

74. Copy of will, etc . ...................... ... ... ... ... ... ... ... 28

75. Saying ................................... ... ... ... ... ... ... 28

Schedule............................... ... ... ... ... ... ... ... ... ... ... 29





CHAPTER 10.

PROBATE AND ADMNISTRATION.

To consolidate and amend the law relating to probate and letters of
administration and to the administration of the estates of deceased
persons.

[7th October, 1971.]

1. This Ordinance may be cited as the Probate and Administration
Ordinance.

2. In this Ordinance, unless the context otherwise requires

'administration' includes any letters of administration of the estate of a
deceased person, whether with or without a will annexed, and
whether granted for general, special or limited purposes;

'administrator' means a person to whom administration is granted;

&&court' means the Supreme Court;

,$estate' or 'property' of a deceased person means the movable and
immovable property passing on the death of such person;

'estate duty' means estate duty under the Estate Duty Ordinance;

'executor' means a person to whom the execution of the last will of a
deceased person is, by the testator's appointment, confided;

'grant' means a grant of probate or of administration;

'intestate' includes a person who leaves a will but dies intestate as to
some beneficial interest in his estate;

'non-contentious or common form probate business- means the
business of obtaining probate and administration where there is no
contention as to the right thereto, including the passing of probate
and administration through the court in a contentious case where
the contest has been terminated, and all business of a non-
contentious nature in matters of testacy and intestacy not being
proceedings in any action, and also the business of lodging
caveats against the grant of probate or administration;

'personal representative' means the executor, original or by
representation, or administrator for the time being of a deceased
person;

'probate' means a grant under the seal of the court authorizing the
executors therein named to administer the testator's estate;

'Registrar' means the Registrar of the court and any Deputy or
Assistant Registrar thereof;





'Registry' means the Probate Registry of the court;

'representation' means the probate of a will and administration, and the
expression 'taking out representation' refers to the obtaining of the
probate of a will or of the grant of administration;

'trust corporation' means

(a) the Public Trustee in England;

(b)a corporation appointed by the court in any particular case to
be a trustee (if authorized by its constitution to act as trustee);
and

(c)any trust company registered under Part VIII of the Trustee
Ordinance;

'will' includes any testamentary instrument of which probate may be
granted.

PART 1.

JURISDICTION AND POWERS OF THE
COURT.

3. (1) The court shall have jurisdiction in all matters relating to
probate and administration of deceaseds' estates, with power to grant
probates of wills and letters of administration to the estates of deceased
persons and to alter or revoke such grants.

(2) The court shall have jurisdiction to make a grant of probate or
administration in respect of a deceased person notwithstanding that the
deceased person left no estate.

(3) The court shall have jurisdiction to reseal grants of probate and
letters of administration made by a court of probate in any part of the
Commonwealth or by a British court having jurisdiction outside the
Commonwealth in pursuance of an Order in Council (whether made
under any Act of the Parliament of the United Kingdom or otherwise) in
accordance with the provisions of Part IV of this Ordinance.

4. All probates, letters of administration, orders and other
instruments, and copies thereof and all exemplifications and copies
thereof, shall be sealed with the seal of the court; and any such
document purporting to be so sealed shall be received in evidence in
any proceedings without further proof thereof.

5. (1) Subject to section 6, a grant of probate or administration may
be made, amended or resealed by the Registrar in the name and under
the seal of the court.

(2) The Registrar may, in any case in which he has jurisdiction
under this section, exercise all such powers as are ancillary thereto
which the court or a judge may exercise in like circumstances.





(3) Nothing in this section shall-

(a)limit or prevent the exercise by a judge of any jurisdiction
conferred upon the Registrar by this section; or

(b) confer upon the Registrar jurisdiction to revoke a grant.

(4) In this section and in section 6 'grant' means a grant, or the
resealing of a grant, of probate or administration or any amendment
thereof.

6. (1) No grant shall be made by the Registrar under section 5

(a)in any case in which there is contention, until the contention
has been disposed of;

(b)if it appears to the Registrar that the grant ought not to be
made without the direction of a judge; or

(c)if the person applying for the grant or to whom the grant has
been made is the Official Administrator acting under Part H.

(2) The Registrar, where he exercises jurisdiction under section 5

(a)shall refer the matter to a judge if it appears to the Registrar

(i) to be doubtful whether or not a grant should be made;

(ii) that a grant ought not to be made without the direction
of a judge; or

(iii) that a question of special difficulty arises in relation to a
grant; and

(b)may refer to a judge any matter which appears to him to be
proper for the decision of a judge.

(3) If a matter is referred to a judge under subsection (2) the judge
may either dispose of it himself or refer it back to the Registrar with such
directions as he thinks fit.

7. (1) The court may, on motion or petition or otherwise, in a
summary way, whether any proceedings are or are not pending in the
court with respect to any probate or administration, order any person to
produce and bring into the Registry, or otherwise as the court may
direct, any paper or writing being or purporting to be testamentary which
may be shown to be in the possession or under the control of such
person.

(2) If it is not shown that any such paper or writing is in the
possession or under the control of such person, but it appears that there
are reasonable grounds for believing that he has knowledge of any such
paper or writing, the court may direct such





person to attend for the purpose of being examined in open court or
upon interrogatories respecting the same, and such person shall be
bound to answer such questions or interrogatories, and, if so ordered, to
produce and bring in such paper or writing, and shall be subject to the
like process of contempt in case of default in not attending or in not
answering such questions or interrogatories, or not bringing in such
paper or writing, as he would have been subject to in case he had been a
party to an action in the court and had made such default.

(3) The Registrar may, whether or not any proceedings are pending
in the court, issue a subpoena requiring any person to produce and
bring into the Registry any paper or writing being or purporting to be
testamentary, which may be shown to be in the possession, within the
power, or under the control of such person; and such person, upon
being duly served with the said subpoena, shall be bound to produce
and bring in such paper or writing, and shall be subject to the like
process of contempt in case of default as if he had been a party to
proceedings in the court, and had been ordered by a judge to produce
and bring in such -paper or writing.

8. The court shall have power to summon any person named as
executor in a will to prove or renounce probate of the will, and to do
such other things concerning the will as the I-Egh Court in England may
do with regard to such matters.

PART II.

THE OFFICIAL
ADMINISTRATOR.

9. (1) The Registrar shall be ex officio Official Administrator under
this Ordinance.

(2) In all cases the Official Administrator shall be subject to the
immediate control and act under the direction of the court.

(3) The Official Administrator may employ a solicitor or other agent
to do any business which may be sanctioned by the court.

(4) An application by the Official Administrator to the court may be
made personally, and without notice or other formality; but the court
may in any case order that an application be renewed in a formal manner,
and that such notice thereof be given to any person likely to be affected
thereby as the court may direct.

(5) For the purpose of subsection (1) the term 'Registrar' does not
include Deputy or Assistant Registrar, but the powers and duties of the
Official Administrator may be exercised by a Deputy or Assistant
Registrar.





10. Where any person dies, whether in Hong Kong or elsewhere,
leaving estate in Hong Kong in respect of which he dies intestate, such
estate shall vest in the Official Administrator

shall

who may, if he thinks fit, receive and take possession of the same until
administration is granted in respect thereof.

11. All property vested in the Official Administrator for the time
being by virtue of any grant of administration made to him or any
predecessor in office or otherwise shall, on his vacating or otherwise
ceasing to hold the office, be deemed to be vested in his successor
without any further transfer or conveyance.

12. (1) The Official Administrator may, whenever he thinks it
expedient to do so and upon such evidence of death as he deems
sufficient, take possession of the movable property of a deceased person
which may be found within Hong Kong, and provide for the safe
custody thereof until probate of the will of such deceased person or
administration of his estate has been granted by the court:

Provided that the Official Administrator may, in lieu thereof if he
thinks fit, issue forthwith a commission of appraisement of all or any of
such property.

(2) In the case of the death of any person who is the national of a
State to which section 3 of the Consular Conventions Ordinance applies
or of the United States of America, the Official Administrator shall, as
soon as conveniently may be after the fact of such death has come to his
knowledge, inform the nearest consular officer of the State of the same.

(3) A consular officer of the United States of America shall have the
right to appear, either personally or by delegate, in any proceedings on
behalf of the absent heirs or creditors, until they are otherwise
represented, of a citizen of the United States of America who dies in
Hong Kong.

13. Any person who, without lawful authority or reasonable excuse

(a)removes or attempts to remove out of Hong Kong any such
property as is mentioned in section 12; or

(b)destroys, conceals, or refuses to yield up any such property on
demand to the Official Administrator,

shall be guilty of an offence and shall be liable on conviction to a fine of
two thousand dollars and to imprisonment for six months.

14. The Official Administrator shall have a lien upon all property
mentioned in section 12 for the reasonable expenses incurred by him in
carrying out the provisions of that section, and such expenses shall also
constitute the first charge on the estate of the deceased person, before
the payment of debts having priority.





15. (1) The Official Administrator may where the whole of
an estate does not, in his opinion, exceed twenty thousand dollars
in value, without any legal formality, get in and administer the same
in a summary manner, for the benefit of the persons he may deem
interested therein, without a grant or other legal formality.

(2) Any balance of such estate which remains unclaimed shall be
paid to the Treasury and, at the expiration of five years from the date of
the getting in of the estate, be transferred to the general revenue of the
Colony. (Added, 71 of 1971, s. 3.)

16. (1) On application made by the Official Administrator, the court
shall, unless it sees good reason to the contrary, grant to him
administration in any of the following cases

(a)where a person dying intestate, whether in Hong Kong or
elsewhere, has left property situate in Hong Kong and no next
of kin of such person are resident in Hong Kong;

(b)where a person dying intestate, whether in Hong Kong or
elsewhere, has left property situate in Hong Kong and the next
of kin of such person who is resident in Hong Kong files in the
Registry a request for or consent to the making of such grant,
in writing signed by him;

(c)where a person dying intestate, whether in Hong Kong or
elsewhere, has left property situate in Hong Kong and no
person has, within twelve months after the death of such
person, obtained administration of his estate; and

(d)where a person dying intestate, whether in Hong Kong or
elsewhere, has left property situate in Hong Kong and the next
of kin is resident in Hong Kong and is an infant.

(2) The provisions of this section shall apply, with the necessary
modifications, in the case of a person who dies testate, whether in Hong
Kong or elsewhere, but without appointing an executor, or whose
executor, if appointed, refuses, neglects, or is unable to act.

17. Nothing in this Ordinance shall be construed to enable or
require the Official Administrator to obtain administration of the estate of
any person dying in any of Her Majesty's forces or of any deceased
seaman or apprentice for the administration of whose estate provision is
made by any Act.

18. Any grant made to the Official Administrator under this
Ordinance may be limited in such manner as the court may direct.

19. A commission at the rate of five per cent on the first one
thousand dollars, two and one half per cent on the next four thousand
dollars and one per cent on the balance, or such lower rate or rates as
the court may approve on the application of the





Official Administrator in the case of any particular estate, shall be
chargeable on the gross value of all property of whatsoever nature
received or taken possession of, or realized or otherwise dealt with, by
the Official Administrator under this Ordinance.

20. (1) The Official Administrator shall keep a general register of all
estates under his administration, a cash book, and a ledger or account
current book, and such other books as he may find necessary or may be
prescribed.

(2) He shall enter in books, to be kept by him for that purpose,
separate and distinct accounts of each estate and of all property of every
description which may come to his hands, and also of all payments made
by him on account of each estate, specifying the dates of such receipts
and payments respectively.

(3) Each book shall be kept in the Registry and shall be open during
office hours for the inspection of any person who has occasion to
inspect the same, on payment of the prescribed fee.

21. (1) The Official Administrator shall give to any person who
applies for the same copies of all documents and accounts 'm his
possession relating to any estate under his administration or to any
property which he receives or of which he takes possession under this
Ordinance, on payment of the prescribed fees.

(2) If any such copy is refused, the applicant may petition the court
in a summary way for an order on the Official Administrator to give such
copy; and the costs of any such petition and order shall be paid by the
Official Administrator, if the court so directs.

22. No action shall be brought against the Official Administrator for
anything done bona fide by him in the execution or the intended
execution of any power vested in him by this Ordinance or for anything
done by him in the exercise of his office as administrator under any grant
of letters of administration made to him under this Ordinance, but any
person who feels aggrieved thereby may apply for redress to the court
by summary petition, verified upon oath, and the court may thereupon
take such evidence and may make such order in relation to the matter as
it thinks fit.

23. A grant of administration to the Official Administrator, whether
the name of the officer holding the appointment at the time of the grant
is or is not mentioned therein, shall be deemed to have been made to him
and his successors in office.

23A. (1) If the Official Administrator has been granted
administration of an estate under section 4.6 and a balance of such estate
remains unclaimed in his hands, he shall pay that balance into the
Treasury or into the account of the Government at such bank as the
Accountant General may direct.





(2) If a balance of an estate paid into the Treasury or to a bank in
accordance h subsection (1) exceeds five hundred dollars, interest shall
be paid thereon at the rate for the time being allowed by the
Government in re respect of sums bearing interest and deposited with
the Accountant General.

(Added, 71 of 1971, s. 3)

23B. (1) If the Official Administrator has been granted ad-
ministration of an estate under section 16 and-

(a)a balance of such estate exceeding five hundred dollars remains
unclaimed; and

(b) the persons entitled thereto are not known to him,

the Official Administrator shall cause advertisements to be published in
accordance with subsection (2).

(2) An advertisement-

(a)shall be published in Hong Kong and in any other place where
the Official Administrator has reason to believe that the
persons entitled to claim the balance of the estate may be
found; and

(b)shall be to the effect that if no claim is made to the Official
Administrator within five years from the first publication of the
advertisement in Hong Kong the balance from the estate will be
transferred to the general revenue of the Colony.

(3) If at the expiration of a period of five years from the date of the
first publication of an advertisement under subsection (2), the Official
Administraton or is of the opinion that no claim can reasonably be
expected against the estate he may transfer the balance of the estate to
the general revenue of the Colony.


(Added, 71 of 1971, s. 3)

23C. The Official Administrator may, at any time, transfer the
balance of any estate not exceeding five hundred dollars remaining
undistributed to the general revenue of the Colony.

(Added, 71 of 1971, s. 3)

PART III

GRANTING AND REVOCATION OF PROBATES,
ETC.

24. (1) An application for the grant or revocation of probate or
letters of administration shall be made through the Registry.

(2) No application under subsection (1) shall be submitted in the
form of a petition.





25. (1) Probate or administration shall not be granted to
more than four persons in respect of the same property, and
administration shall, if there is a minority or if a life interest
arises under the will or intestacy, be granted either to a trust
corporation, with or without an individual, or to not less than
two individuals:

Provided that the court in granting administration may act
on such prima facie evidence, furnished by the applicant or any
other person, as to whether or not there is a minority or life
interest, in accordance with probate rules and orders.

(2) If there is only one personal representative (not being a
trust corporation) then, during the minority of a beneficiary or
the subsistence of a life interest and until the estate is fully
administered, the court may, on the application of any person
interested or of the guardian, committee or receiver of any such
person, appoint one or more personal representatives in addition
to the original personal representative in accordance with probate
rules and orders.

(3) This section applies to grants of representation made
after the commencement of this Ordinance whether the testator
or intestate died before or after such commencement.

26. (1) The court may-

(a)where a trust corporation is named in a will as executor.
whether alone or jointly with another person, grant
probate to the corporation either solely or jointly with
another person, as the case may require; and
(b)grant administration to a trust corporation either solely
or jointly with another person,

and the corporation may act accordingly as executor or admin-
istrator, as the case may be.

(2) Probate or administration shall not be granted to a syndic
or nominee on behalf of a trust corporation.

(3) Any officer authorized for the purpose by a trust corpora-
tion or the directors or governing body thereof may, on behalf of
the corporation, swear affidavits, give security and do any other act
or thing which the court may require with a view to the grant to
the corporation of probate or administration, and the acts of an
officer so authorized shall be binding on the corporation.

(4) This section shall apply whether the testator or intestate
died before or after the commencement of this Ordinance.

27. (1) Where probate is granted to one or some of two or
more persons named as executors, whether or not power is reserved
to the others or other to prove, all the powers which are by law
conferred on the personal representative may be exercised by the





proving executor or executors for the time being and shall be
as effectual as if all the -persons named as executors had concurred
therein.

(2) This section applies whether the testator died before or
after the commencement of this Ordinance.

28. Where a person appointed executor by a will-

(a)survives the testator but dies without having taken out
probate of the will; or

(b)is cited to take out probate of the will and does not
appear to the citation; or
(c) renounces probate of the will,

his rights in respect of the executorship shall wholly cease, and
the representation to the testator, and the administration of his
estate shall go, devolve, and be committed in like manner as if
such person had not been appointed executor.

29. (1) Any person who is or may become entitled to
representation may expressly renounce his right to such representa-
tion.

(2) Such renunciation may be made orally on the hearing
of any petition or probate action by the person renouncing or
by counsel on his behalf, or in writing signed by the person so
renouncing and attested by a solicitor or by any person before
whom an affidavit may be sworn. 1

30. (1) Any person having or claiming any interest in the
estate of a deceased person may cause to be issued a citation
directed to the executors appointed by the deceased's will calling
upon them to accept or renounce their executorship.

(2) Any person so cited may enter an appearance to the
citation, but if he makes a default in appearance thereto, he shall
be deemed to have renounced his executorship; and if, having
appeared, he does not proceed to apply for probate, or having
applied has failed to prosecute his application with reasonable
diligence, the person so citing may apply for an order that the
person cited, unless he applies for and obtains probate within a
time limited by the order, shall be deemed to have renounced his
right thereto, and an order may be made accordingly.

31. A renunciation of probate or administration may be re-
tracted at any time on the order of the court:

Provided that leave may be given to an executor to retract a
renunciation of probate after a grant has been made to some other
person entitled in a lower degree only if the court is satisfied that
such retraction is for the benefit of the estate or persons interested
therein.





32. (1) Where an executor who has renounced probate has been
permitted, whether before or after the commencement of this Ordinance,
to withdraw the renunciation and prove the win, the probate shall take
effect and be deemed always to have taken effect without prejudice to
the previous acts and dealings of and notices to any other personal
representative who has previously proved the will or taken out letters of
administration, and a memorandum of the subsequent probate shall be
endorsed on the original probate or letters of administration.

(2) This section applies whether the testator died before or after the
commencement of this Ordinance.

33. (1) Where it appears to the court that a probate or administration
either ought not to have been granted or contains an error, the court may
call in the probate or administration and if satisfied that it would be
revoked at the instance of a party interested, may revoke it.

(2) A probate or administration may be revoked under subsection
(1) without being called in if it cannot be caned in.

(3) The court may, if satisfied that the due and proper administration
of the estate and the interests of the persons beneficially entitled thereto
so require, suspend or remove an executor or administrator (other than
the Official Administrator) and provide for the succession of another
person in place of such executor or administrator and for the vesting in
that other person of any property belonging to the estate.

34. (1) An executor of a sole or last surviving executor of a testator
is the executor of that testator.

(2) Subsection (1) shall not apply to an executor who does not
prove the will of his testator, and, in the case of an executor who on his
death leaves surviving him some other executor of his testator who
afterwards proves the will of that testator it shall cease to apply on such
probate being granted.

(3) So long as the chain of such representation is unbroken, the last
executor in the chain is the executor of every preceding testator.

(4) The chain of such representation is broken by

(a) an intestacy; or

(b) the failure of a testator to appoint an executor; or

(c) the failure to obtain probate of a will,

but is not broken by a temporary grant of administration if probate is
subsequently granted.

(5) Every person in the chain of representation to a testator





(a)has the same rights in respect of the estate of that testator as
the original executor would have had if living; and

(b)is, to the extent to which the estate of that testator has come to
his hands, answerable as if he were an original executor.

35. (1) Where-

(a) no executor is appointed by a will;

(b)all the executors are legally incapable of acting as such, or
have renounced;

(c) no executor survives the testator;

(d)all the executors die before obtaining probate or before having
administered all the estate of the deceased;

(e)the executors have failed to appear to a citation to prove or
renounce probate; or

(f) the executors do not apply for probate,

letters of administration with the will annexed may be granted to such
person or persons as the court thinks fit.

(2) Where letters of administration with the will annexed are
granted, the will of the deceased shall be performed and exercised in like
manner as if probate thereof had been granted to an executor.

36. Where a person dies wholly intestate as to his estate or leaving
a 'I affecting estate but without having appointed an executor thereof
willing and competent to take probate, or where the executor is, at the
time of the death of such person, resident out of Hong Kong, or where it
appears to the court to be necessary or convenient to appoint some
person to be the administrator of the estate of the deceased person or of
any part of such estate, other than the person who, if this Ordinance had
not been passed, would by law have been entitled to a grant of
administration of such estate, the court may, subject to section 25,
appoint such person as the court thinks fit to be such administrator, on
his giving such security, if any, as may be required under this Part or as
the court may direct, and every such administration may be limited in
such manner as the court thinks fit.

37. (1) If at the expiration of twelve months from the death of a
person any personal representative of the deceased to whom a grant has
been made is residing out of Hong Kong the court may, on the
application of any creditor or person interested in the estate of the
deceased, grant to him special administration of the estate of such
deceased person.





(2) The court may, for the purpose of any legal proceedings to
which the administrator under the special administration is a party, order
the transfer into the name of the Registrar of any money or securities
belonging to the estate of the deceased person and all persons shall
obey any such order.

(3) If the personal representative, capable of acting as such, returns
to and resides within Hong Kong while any legal proceedings to which a
special administrator is a party are pending, that personal representative
shall be made a party to the legal proceedings.

38. The costs of and incidental to the grant of special administration
and the legal proceedings to which a special administrator is a party shall
be paid by such person or out of such fund as the court in which the
proceedings are pending may direct.

39. (1) Where an infant is sole executor of a will administration with the
will annexed shall be granted to his guardian,or to such other person as
the court thinks fit, until the infant attains the age of twenty-one years,
and on his attaining that age,and not before, probate of the will may be
granted to him.

(2) Where a testator by his will appoints an infant to be an
executor, the appointment shall not operate to transfer any interest
in the property of the deceased to the infant or to constitute him a
personal representative for any purpose unless and until probate is
granted to him under this section.

40. (1) Where any legal proceedings touching the validity of the will
of a deceased person, or for obtaining, recalling, or revoking any grant
are pending the court may, subject to section 25, appoint an
administrator of the estate of the deceased.

(2) An administrator so appointed shall have all the rights and
powers of a general administrator, other than the right of distributing the
residue of the estate.

(3) Every such administrator shall be subject to the immediate
control of the court and act under its direction.

41. All the provisions of section 40 relating to grants of
administration pending action shall be deemed to apply to the case of an
appeal to Her Majesty in Council from any decision of the court.

42. Where administration has been granted in respect of any estate
of a deceased person, no person shall have power to bring any action, or
otherwise to act as executor of the deceased person in respect of the
estate comprised in or affected by the grant, until the grant has been
recalled or revoked.





43. Every person to whom administration of the estate of a
deceased person is granted shall, subject to the limitations contained in
the grant, have the same rights and liabilities and be accountable in like
manner as if he were the executor of the deceased.

44. If, while any legal proceeding is pending in any court by or
against an administrator to whom a temporary administration has been
granted, that administration is revoked, that court may order that the
proceeding be continued by or against the new personal representative
in like manner as if the same had been originally commenced by or
against him, but subject to such conditions and variations, if any, as
that court directs.

45. A caveat against a grant of probate or administration may be
entered in the Registry.

46. As a condition of granting administration to any person the
court may, subject to the provisions of section 47 and subject to and in
accordance with probate rules and orders, require one or more sureties
to guarantee that they will make good, within any limit imposed by the
court on the total liability of the surety or sureties, any loss which any
person interested in the administration of the estate of the deceased may
suffer in consequence of a breach by the administrator of his duties as
such.

47. (1) A guarantee given in pursuance of any requirement under
section 46 shall enure for the benefit of every person interested in the
administration of the estate of the deceased as if contained in a contract
under seal made by the surety or sureties with every such person and,
where there are two or more sureties, as if they had bound themselves
jointly and severally.

(2) No action shall be brought on any such guarantee without the
leave of the court.

(3) No sureties shall be required where administration is granted to
the Official Administrator or to the consular officer of a State to which
section 3 of the Consular Conventions Ordinance applies or in such
other cases as may be prescribed by probate rules and orders.

PART IV.

SEALING OF GRANTS BY BRITISH COURTS OUTSIDE HONG KONG.

48. In this Part

'British court in a foreign country'' means any British court having
jurisdiction out of the Commonwealth in pursuance of an Order in
Council;





'court of probate- means any court or authority, by whatever name
designated, having jurisdiction in matters of probate;

'probate' and 'letters of administration' include confirmation in
Scotland, and any instrument having in any other part of the
Commonwealth the same effect which under English law is given to
probate and letters of administration respectively;

'estate duty' includes any duty payable on the value of the estate and
effects for which probate or letters of administration is or are
granted.

49. Where a court of probate in any part of the Commonwealth, or a
British court in a foreign country, has granted probate or letters of
administration in respect of the estate of a deceased person, the probate
or letters so granted may, on being produced to, and a copy thereof
deposited with, the court, be scaled with the seal of the court, and
thereupon shall be of the like force and effect, and have the same
operation in Hong Kong as if granted by that court.

50. The court shall, before sealing a probate or letters of
administration under this Part, be satisfied that estate duty has been
paid in respect of so much, if any, of the estate as is liable to estate duty
in Hong Kong and may require such evidence if any as it thinks fit as to
the domicile of the deceased person.

51. As a condition of scaling letters of administration under this
Part, the court may exercise the powers conferred on the court by
sections 46 and 47 in the same manner as if it were granting an
administration under this Ordinance.

52. For the purposes of this Part, a duplicate of any probate or
letters of administration sealed with the seal of the court granting the
same, or a copy thereof certified as correct by or under the authority of
the court granting the same, shall have the same effect as the original.

PART V.

POWERS, RIGHTS, DUTIES AND OBLIGATIONS OF PERSONAL
REPRESENTATIVES.

53. Subject to the provisions of any other Ordinance, a personal
representative has the same power to sue in respect of all causes of
action vested in and surviving the deceased.

54. (1) No conveyance of immovable property of a, deceased
person dying after the commencement of this Ordinance shall be made
without the concurrence of all the personal representatives of the
deceased or an order of the court.

(2) Notwithstanding subsection (1), where probate is granted to
one or some of two or more persons named as executors, whether





or not power is reserved to the other or others to prove, any conveyance
of the immovable property may be made by the proving executor or
executors for the time being, without an order of the court, and shall be
as effectual as if all the persons named as executors had concurred
therein.

(3) Save where subsection (1) or (2) applies, where there are several
personal representatives the powers of all may, in the absence of any
direction to the contrary in the will or grant of administration, be
exercised by any one of them.

(4) A personal representative may charge, mortgage or otherwise
dispose of any property vested in him, as he may think proper, subject to
any restriction which may be imposed in this behalf by the will of the
deceased and to the provisions of this section:

Provided that an executor may dispose of any property
notwithstanding any restriction so imposed, if he does so in accordance
with an order of the court.

(5) The disposal of property by a personal representative in
contravention of the provisions of this section shall be voidable at the
instance of any other person interested in the property.

55. If a personal representative purchases, either directly or
indirectly, any of the property of the deceased, the sale shall be voidable
at the instance of any other person interested in the property sold.

56. The personal representative of a deceased person shall, when
lawfully required so to do, exhibit, by affidavit filed in the court, a true
and perfect inventory and account of the movable and immovable
property of the deceased, and the court shall have power as heretofore
to require personal representatives to bring in inventories.

57. (1) Every person making or permitting to be made any payment
or disposition in good faith under a representation shall be indemnified
and protected in so doing, notwithstanding any defect or circumstance
whatsoever affecting the validity of the representation.

(2) Where a representation is revoked, all payments and
dispositions made in good faith to a personal representative under the
representation before the revocation thereof are a valid discharge to the
person making the same; and the personal representative who acted
under the revoked representation may retain and reimburse himself in
respect of any payments or dispositions made by him which the person
to whom representation is afterwards granted might have properly made.






(3) All transfers and conveyances of any interest in property made
to a purchaser either before or after the commencement of this Ordinance
by a person to whom probate or letters of administration have been
granted are valid, notwithstanding any subsequent revocation or
variation, either before or after the commencement of this Ordinance, of
the probate or administration.

(4) This section takes effect without prejudice to any order of the
court made before the commencement of this Ordinance and applies
whether the testator or intestate died before or after such
commencement.

58. If any person, to the defrauding of creditors or without full
valuable consideration, obtains, receives or holds any movable or
immovable property of a deceased person or effects the release of any
debt or liability due to the estate of the deceased, he shall be charged as
executor in his own wrong to the extent of the property received or
coming into his hands, or the debt or liability released, after deducting

(a)any debt for valuable consideration and without fraud due to
him from the deceased person at the time of his death; and

(b)any payment made by him which might properly be made by a
personal representative.

59. Where a person as personal representative of a deceased
person (including an executor in his own wrong) wastes or converts to
his own use any part of the property of the deceased, and dies, his
personal representative shall, to the extent of the available assets of the
defaulter, be liable and chargeable in respect of such waste or
conversion, in the same manner as the defaulter would have been if
living.

60. (1) Subject to subsection (2), the court may allow to any
executor or administrator, including an administrator appointed pendente
lite under section 40 (or to a person acting under a power of attorney as
attorney for an executor or administrator in the matter of the sealing of a
probate or administration under Part IV or in the matter of the realization
and administration of an estate under a probate or administration so
sealed) such remuneration out of the estate of the deceased person as
the court thinks fit.

(2)(a) No allowance shall be made to any executor or administrator
or attorney who neglects to pass his accounts at such time, or
to dispose of any moneys, goods, chattels, or securities with
which he is chargeable in such manner as may be required by
probate rules and orders.

(b)No such remuneration shall exceed five per cent on the first one
thousand dollars, two and a half per cent on





the next four thousand dollars and one per cent on the balance
of the gross value of all property of whatsoever nature
administered.

PART VI.

ADMINISTRATION OF
ASSETS.

61.(1) (a) The property of a deceased person, to the extent of his
beneficial interest therein, and the property of which a
deceased person in pursuance of any general power disposes
by his will, are assets for payment of his debts and liabilities,
and any disposition by will inconsistent with this Ordinance is
void as against the creditors; and the court shall, if necessary,
administer the property for the purpose of the payment of
debts and liabilities.

(b)This subsection takes effect without prejudice to the rights of
incumbrancers.

(2) If any person to whom any such beneficial interest devolves or
is given, or in whom any such interest vests, disposes thereof in good
faith before an action is brought or process is sued out against him, he
shall be personally liable for the value of the interest so disposed of by
him, but that interest shall not be liable to be taken in execution in the
action or under the process.

62. (1) On the death of a person intestate as to any property, such
property shall be held by his personal representatives--

(a)as to the immovable property upon trust, subject to section 54,
to sell the same; and

(b)as to the movable property upon trust to call in, sell and
convert into money such part thereof as may not consist of
money,

with power to postpone such sale and conversion for such a period as
the personal representatives, without being liable to account, may think
proper, and so that any reversionary interest be not sold until it falls into
possession unless the personal representatives see special reason for
sale.

(2) Out of the net money to arise from the sale and conversion of
such movable and immovable property (after payment of costs), and out
of the ready money of the deceased (so far as not disposed of by his
will, if any), the personal representatives shall pay all such funeral,
testamentary and administration expenses, debts and other liabilities as
are properly payable thereout, and out of the residue of the said money
the personal representatives shall set aside a fund sufficient to provide
for any pecuniary legacies bequeathed by the will (if any) of the
deceased.





(3) During the minority of any beneficiary or the subsistence of any
life interest, and pending the distribution of the whole or any part of the
estate of the deceased, the personal representatives may invest the
residue of the said money; or so much thereof as may not have been
distributed, in any investments for the time being authorized by any
Ordinance for the investment of trust money, with power, at the
discretion of the personal representatives, to change such investments
for others of a like nature.

(4) The income (including net rents and profits of immovable
property after payments of rates, taxes, rent, costs of insurances, repairs
and other outgoings properly attributable to income) of so much of the
movable and immovable property of the deceased as may not be
disposed of by his will, if any, or may not be required for the
administration purposes aforesaid, may, however such estate is
invested, as from the death of the deceased, be treated and applied as
income, and for that purpose any necessary apportionment may be made
between tenant for life and remainderman.

(5) Nothing in this section affects the rights of any creditor of the
deceased or the rights of the Government in respect of estate duty.

(6) Where the deceased leaves a will, this section has effect subject
to the provisions contained in the will.

63. (1) Where the estate of a deceased person is insolvent his
estate shall be administered in accordance with the rules set out in Part 1
of the Schedule.

(2)(a) The right of retainer of a personal representative and his
right to prefer creditors may be exercised in respect of all
assets of the deceased but the right of retainer shall only
apply to debts owing to the personal representative in his own
right whether solely or jointly with another person.

(b)Subject as aforesaid, nothing in this Ordinance affects the
right of retainer of a personal representative or his right to
prefer creditors.

(3) Where the estate of a deceased person is solvent his estate
shall, subject to rules of court and the provisions hereinafter contained
as to charges on property of the deceased, and to the provisions, if any,
contained in his will, be applicable towards the discharge of the funeral,
testamentary and administration expenses, debts and liabilities payable
thereout in the order mentioned in Part II of the Schedule.

64. (1) Where a person dies possessed of, or entitled to, or, under a
general power of appointment, by his will disposes of an interest in
property which at the time of his death is charged with the payment of
money, whether by way of legal mortgage, equitable charge or otherwise
(including lien for unpaid purchase





money), and the deceased has not by will, deed or other document
signified a contrary or other intention, the interest so charged shall, as
between the different persons claiming through the deceased, be
primarily liable for the payment of the charge; and every part of the said
interest, according to its value, shall bear a proportionate part of the
charge on the whole thereof.

(2) Such contrary or other intention shall not be deemed to be
signified

(a)by a general direction for the payment of debts or of all the
debts of the testator out of his movable property or of his
residuary estate; or

(b) by a charge qf debts upon any such estate,

unless such intention is further signified by words expressly or by
necessary implication referring to all or some part of the charge.

(3) Nothing in this section affects the right of a person entitled to
the charge to obtain payment or satisfaction thereof either out of the
other assets of the deceased or otherwise.

65. (1) Subject to the provisions of section 54 every contract
entered into by a personal representative in the due administration of an
estate shall be binding on and be enforceable against and by any other
personal representative for the time being of the deceased, and may be
carried into effect or be varied or rescinded by any other such personal
representative as if it had been entered into by himself.

(2) Nothing in this section shall affects the right of any person to
require an assent, transfer or conveyance to be made.

(3) This section applies whether the testator or intestate died
before or after the commencement of this Ordinance.

66. (1) A personal representative may assent to the vesting in any
person who (whether by devise, bequest, devolution, appropriation or
otherwise) may be entitled thereto, either beneficially or as a trustee or
personal representative, of any immovable property to which the testator
or intestate was entitled or over which he exercised a general power of
appointment by his will and which devolved upon the personal
representative.

(2) The assent shall operate to vest in that person the estate to
which the assent relates, and unless a contrary intention appears, the
assent shall relate back to the death of the deceased.

(3) An assent to the vesting of a legal estate shall be in writing,
signed by the personal representative, and shall name the person in
whose favour it is given, and shall operate to vest in that person the
legal estate to which it relates; and an assent not in writing or not in
favour of a named person shall not be effectual to pass the legal estate.





(4) A conveyance of a legal estate by a personal representative to a
purchaser shall not be invalidated by reason only that the purchaser may
have notice that all debts, liabilities, funeral and testamentary or
administration expenses, duties, and legacies of the deceased have been
discharged or provided for.

(5) An assent or conveyance given or made by a personal
representative shall not, except in favour of a purchaser of a legal estate,
prejudice the right of a personal representative or any other person to
recover the estate to which the assent or conveyance relates, or to be
indemnified out of such estate against any duties, debts or liability to
which such estate would have been subject if there had not been any
assent or conveyance.

(6) A personal representative may, as a condition of giving an
assent or making a conveyance, require security for the discharge of any
such duties, debt or liability, but shall not be entitled to postpone the
giving of an assent merely by reason of the subsistence of any such
duties, debt or liability, if reasonable arrangements have been made for
the discharging of the same, and an assent may be given subject to any
legal estate or charge by way of legal mortgage.

(7) This section applies to assents and conveyances made after the
commencement of this Ordinance, whether the testator or intestate died
before or after such commencement.

67. (1) An assent, transfer or conveyance by a personal
representative to a person other than a purchaser does not prejudice the
rights of any person to follow the property to which the assent, transfer
or conveyance relates, or any property representing the same, into the
hands of the person in whom it is vested by the assent, transfer or
conveyance, nor of any other person (not being a purchaser) who may
have received the same or in whom it may be vested.

(2) Notwithstanding any such assent, transfer or conveyance the
court may, on the application of any creditor or other person interested

(a)order a sale, exchange, mortgage, charge, lease, payment,
transfer or other transaction to be carried out which the court
considers requisite for the purpose of giving effect to the
rights of the persons interested;

(b)declare that the person, not being a purchaser, in whom the
property is vested is a trustee for those purposes;

(e)give directions respecting the preparation and execution of any
conveyance or other instrument, or as to any other matter
required for giving effect to the order;

(d)make any vesting order or appoint a person to convey in
accordance with provisions of the Trustee Ordinance.





(3) This section does not prejudice the rights of a purchaser or
a person deriving title under him, but applies whether the testator or
intestate died before or after the commencement of this Ordinance.

68. (1) The personal representative may appropriate any part
of the movable or immovable property, including things in action,
of the deceased in the actual condition or state of investment thereof
at the time of appropriation in or towards satisfaction of any legacy
bequeathed by the deceased, or of any other interest or share in his
property, whether settled or not, as to the personal representative
may seem just and reasonable, according to the respective rights of
the persons interested in the property of the deceased.

(2) Notwithstanding the provisions of subsection (1)-

(a)an appropriation shall not be made under this section so
as to affect prejudicially any specific devise or bequest;

(b)an appropriation of property, whether or not being an
investment authorized by law or by the will, if any, of the
deceased for the investment of money subject to the trust,
shall not (save as hereinafter mentioned) be made under
this section except with the following consents-
(i) when made for the benefit of a person absolutely
and beneficially entitled to possession, the consent of that
person;
(ii) when made in respect of any settled legacy, share
or interest, the consent of either the trustee thereof, if any
(not being also the personal representative) or the person
who may for the time being be entitled to the income,

and if the person whose consent is so required as afore-
said is a minor or a mentally disordered person, the con-
sent shall be given on his behalf by his parents or parent,
testamentary or other guardian, committee or receiver, or if,
in the case of a minor, there is no such parent or guardian,
by the court on the application of his next friend;

(c)no consent (save of such trustee as aforesaid) shall be
required on behalf of a person who may come into exist-
ence after the time of appropriation, or who cannot be
found or ascertained at that time;

(d)if no committee or receiver of a mentally disordered
person has been appointed, then, if the appropriation is
of an investment authorized by law or by the will, if any,
of the deceased for the investment of money subject to
the trust, no consent shall be required on behalf of the
mentally disordered person;





(e)if, independently of the personal representative, there is no
trustee of a settled legacy, share or interest, and no person of
full age and capacity entitled to the income thereof, no consent
shall be required to an appropriation in respect of such legacy,
share or interest so long as the appropriation is of an
investment authorized as aforesaid.

(3) Any property duly appropriated under the powers conferred by
this section shall thereafter be treated as an authorized investment, and
may be retained or dealt with accordingly.

(4) For the purposes of such appropriation, the personal
representative may ascertain and fix the value of the respective parts of
the movable and immovable property and the liabilities of the deceased
as he may think fit, and shall for that purpose employ a duly qualified
valuer in any case where such employment may be necessary, and may
make any transfer or conveyance (including an assent) which may be
requisite for giving effect to the appropriation.

(5) An appropriation made pursuant to this section shall bind all
persons interested in the property of the deceased whose consent is not
hereby made requisite.

(6) The personal representative shall, in making the appropriation,
have regard to the rights of any person who may thereafter come into
existence, or who cannot be found or ascertained at the time of
appropriation, and of any other person whose consent is not required
by this section.

(7) This section does not prejudice any other power of
appropiiation conferred by law or by the will (if any) of the deceased,
and takes effect with any extended powers conferred by the will (if any)
of the deceased, and where an appropriation is made under this section
in respect of a settled legacy, share or interest, the property appropriated
shall remain subject to all trusts for sale and powers of leasing,
disposition and management, or varying investments, which would have
been applicable thereto or to the legacy, share or interest in respect of
which the appropriation is made, if no such appropriation had been
made.

(8) If after any immovable property has been appropriated in
purported exercise of the powers conferred by this section, the person to
whom it was transferred or conveyed disposes of it or any interest
therein, then, in favour of a purchaser, the appropriation shall be deemed
to have been made in accordance with the requirements of this section
and after all requisite consents, if any, had been given.

(9) In this section, a settled legacy, share or interest includes any
legacy, share or interest to which a person is not absolutely entitled in
possession at the date of the appropriation, also an annuity, and
'purchaser' means a purchaser for money or money's worth.





(10) This section applies whether the deceased died intestate or not,
and whether before or after the commencement of this Ordinance, and
extends to property over which a testator exercises a general power of
appointment, and authorizes the setting apart of a fund to answer an
annuity by means of the income of that fund or otherwise, but is subject
to the provisions of section 54.

69. (1) Where an infant is absolutely entitled under the will or on the
intestacy of a person dying before or after the commencement of this
Ordinance (in this subsection called 'the deceased') to a devise or
legacy, or to the residue of the estate of the deceased, or any share
therein, and such devise, legacy, residue or share is not under the will, if
any, of the deceased, devised or bequeathed to trustees for the infant,
the personal representatives of the deceased may appoint a trust
corporation or two or more individuals not exceeding four (whether or
not including the personal representatives or one or more of the personal
representatives), to be the trustees of such devise, legacy, residue or
share for the infant, and may, subject to the provisions of section 54,
execute or do any assurance or thing requisite for vesting such devise,
legacy, residue or share in the trustee or trustees so appointed; and on
such appointment the personal representatives, as such, shall be
discharged from all further liability in respect of such devise, legacy,
residue or share, and the same may be retained in its existing condition or
state of investment, or may be converted into money, and such money
may be invested in any authorized investment.

(2) Where a personal representative has before the commencement
of this Ordinance retained or sold any such devise, legacy, residue or
share, and invested the same or the proceeds thereof in any investments
in which he was authorized to invest money subject to the trust, then,
subject to any order of the court made before such commencement, he
shall not be deemed to have incurred any liability on that account, or by
reason of not having paid or transferred the money or property into
court.

70. (1) A personal representative, before giving an assent or making
a conveyance in favour of any person entitled, may permit that person to
take possession of the land, and such possession shall not prejudicially
affect the right of the personal representative to take or resume
possession, nor his power to convey the land as if he were in
possession thereof, but subject to the interest of any lessee, tenant or
occupier in possession or in actual occupation of the land.

(2) Any person who, as against the personal representative, claims
possession of immovable property, or the appointment of a receiver
thereof, or a transfer or conveyance thereof, or an assent to the vesting
thereof, or to be registered as proprietor thereof, may apply to the court
for directions with reference thereto, and the court may make such
vesting or other order as may be deemed





proper, and the provisions of the Trustee Ordinance, relating to vesting
orders and to the appointment of a person to transfer or convey, shall
apply.

(3) This section applies whether the testator or intestate dies before
or after the commencement of this Ordinance.

71. Subject to the provisions of this Ordinance, a personal
representative is not bound to distribute the estate of the deceased
before the expiration of one year from the death.

PART VII.

MISCELLANEOUS.

72. (1) The Chief Justice may make rules and orders (in this
Ordinance referred to as probate rules and orders), for regulating the
practice and procedure of the court and the Registry with respect to non-
contentious or common form probate business and generally for the
better carrying out of the provisions of this Ordinance.

(AA)

(2) In 411 such business in respect of which no provision is made
by probate rules and orders, the practice and procedure for the time
being in force in the Probate Registry in England shall be deemed to be
in force in the court and the Registry.

73. All original wills and other documents which are under the
control of the court in the Registry shall be deposited and preserved in
such places as the Chief Justice may direct, and any wills or other
documents so deposited shall, subject to the control of the court and the
provisions of probate rules and orders, be open to inspection.

74. An official copy of the whole or any part of a will, or an official
certificate of the grant of an administration, may be obtained from the
Registry on the payment of such fees as may be fixed for the same by
probate rules and orders.

75. (1) Nothing in this Ordinance shall be taken to affect the
application of the provisions of

(a)Part 11 of the New Territories Ordinance to land to which Part
II of that Ordinance applies and which has not been exempted
by the Governor under subsection (2) or (3) of section 7 of that
Ordinance from the provisions of Part II of that Ordinance;

(b)the Administration of Estates by Consular Officers Ordinance;
or

(c) section 42 of the Police Force Ordinance.





(2) The said provisions shall continue to apply to the same extent
and with the same effect as if this Ordinance had not been enacted.

(3) In this section 'land' has the meaning attaching to it under
section 2 of the New Territories Ordinance.

SCHEDULE. [s. 63.1

PART I.

Rules as to payment of debts where estate is insolvent.

1. Subject to the provisions of section 14, the funeral, testamentary, and
administration expenses have priority.

2. Subject as aforesaid, the same rules shall prevail and be observed as to the
respective rights of secured and unsecured creditors and as to debts and liabilities
provable and as to the valuation of annuities and future and contingent liabilities
respectively, and as to the priorities of debts and liabilities, as may be in force for
the time being under the law of bankruptcy with respect to the assets of persons
adjudged bankrupt.

PART 11.

Order of application of assets where the estate is solvent.

1. Property of the deceased undisposed of by will, subject to the retention
thereout of a fund sufficient to meet any pecuniary legacies.

2. Property of the deceased not specifically devised or bequeathed but included
(either by a specific or general description) in a residuary gift, subject to the
retention out of such property of a fund sufficient to meet any pecuniary legacies,
so far as not provided for as aforesaid.

3. Property of the deceased specifically appropriated or devised or bequeathed
(either by a specific or general description) for the payment of debts.

4. Property of the deceased charged with, or devised or bequeathed (either by a
specific or general description) subject to a charge for the payment of debts.

5. The fund, if any, retained to meet pecuniary legacies.

6. Property specifically devised or bequeathed, rateably according to value.

7. Property appointed by will under a general power, rateably according to
value.

8. The following provisions shall also apply-

(a) the order of application may be varied by the will of the deceased;

(b)this Part of this Schedule does not affect the liability of immovable
property to answer the estate duty imposed thereon in exoneration of
other assets.
Originally 26 of 1971. 71 of 1971. Short title. Interpretation. 1925 c. 49, s. 175(1). 1925 c. 23, s. 55. (Cap. 111.) 1925 c. 49, s. 175. 1925 c. 23, s. 55. 1925 c. 49, s. 175(1). 1925 c. 23, s. 55. 1925 c. 23, s. 55. (Cap. 29.) 1925 c. 49, s. 157(1). Jurisdiction of the court in probate and administration. 1932 c. 55, s. 2. Sealing of documents. 1925 c. 49, s. 174(2). Registrar may exercise jurisdiction in certain cases. Restrictions upon exercise of jurisdiction by Registrar. Power of ordering production of testamentary writings. 1857 c. 77, s. 26. 1858 c. 95, s. 23. Summons of executor to prove or renounce. 1925 c. 49, s. 159. Registrar to be Official Administrator. Vesting of estate of deceased person in Official Administrator. Re-vesting of property on vacation of office. Power to take possession of property until grant; procedure relating to deaths of nationals of certain foreign States. (Cap. 267.) Unlawfully removing property of deceased from Hong Kong. Lien on property of deceased person for expenses incurred under section 12. Summary administration of estates not exceeding $20,000. Cases in which Official Administrator is entitled to administration. Saving as to estates of certain persons. Power of limiting grant. Commission on moneys received. Keeping of books of account. Copies of documents and accounts. Redress against Official Administrator. Effect of grant to Official Administrator. Payment into Government account of unclaimed balance of intestate's estate. Advertisements as to unclaimed balance of intestate's estate. Transfer of unclaimed balance not exceeding five hundred dollars. Application for grants. [cf. 1925 c. 49, s. 150.] Number of personal representatives. 1925 c. 49, s. 160. Grant of representation to a trust corporation. 1925 c. 49, s. 161. Right of proving executors to exercise powers. 1925 c. 23, s. 8. Cesser of right of executor to prove. 1925 c. 23, s. 5. Express renunciation of right to probate. Constructive renunciation. Retraction of renunciation. Withdrawal of renunciation. 1925 c. 23, s. 6. Revocation of grants and removal of executors. 1956 c. 46, s. 17. Executor of executor represents original testator. 1925 c. 23, s. 7. On failure of executors. 1925 c. 49, s. 166. Appointment of administrator of intestate's estate. 1857 c. 77, s. 73. Grant of special administration. [cf. 1925 c. 49, s. 164.] Payment of costs relating to special administration. 1925 c. 49, s. 164. Case of infant being sole executor. 1925 c. 49, s. 165. Appointment of administrator pendente lite. 1925 c. 49, s. 163. Administration pending appeal. Prohibition of executor acting pending administration. 1925 c. 23, s. 15. Rights and liabilities of administrator. 1925 c. 23, s. 21. Legal proceedings after revocation of temporary administration. 1925 c. 23, s. 17. Caveats. 1925 c. 49, s. 154. Power to require administrators to produce sureties. 1925 c. 49, s. 167(1). Effect of guarantee. 1925 c. 49, s. 167(2). (Cap. 267). Interpretation. Sealing of grants by British courts outside Hong Kong. Conditions to be fulfilled before sealing. Application of sections 46 and 47. Duplicate or copy admissible. Rights of action of personal representative. [cf. 1934 c. 41, s. 1.] Power of personal representative to dispose of property. [cf. 1925 c. 23, s. 2(2).] Purchase by personal representative of deceased's property. Duty of personal representative as to inventory. 1925 c. 23, s. 25. Protection of persons acting on probate or administration. 1925 c. 23, s. 27(1). 1925 c. 23, s. 27(2). 1925 c. 23, s. 37(1). 1925 c. 23, s. 37(2). Liability of a person fraudulently obtaining or retaining estate of deceased. [cf. 1925 c. 23, s. 28.] Liability of estate of personal representative. [cf. 1925 c. 23, s. 29.] Allowance of remuneration to executor, administrator or attorney. Property of deceased is asset for payment of debts. [cf. 1925 c. 23, s. 32.] Duties of representatives. [cf. 1925 c. 23, s. 33.] Administration of assets. 1925 c. 23, s. 34. Schedule. Schedule. Charges to be paid primarily out of the property charged. 1925 c. 23, s. 35. Contracts by personal representative. Assent or conveyance by personal representative. [cf. 1925 c. 23, s. 36.] Right to follow property and powers of the court in relation thereto. 1925 c. 23, s. 38. (Cap. 29.) Powers of personal representative as to appropriation. [cf. 1925 c. 23, s. 41.] Power to appoint trustees of infant's property. [cf. 1925 c. 23, s. 42.] Powers of personal representative as to giving possession of land and powers of the court. [cf. 1925 c. 23, s. 43.] (Cap. 29.) Power to postpone distribution. 1925 c. 23, s. 44. Probate rules and orders. [cf. 1925 c. 49, s. 100.] Depositing and inspection of wills.[cf.1925c.49,s.170.] Copy of will, etc.[cf.1925c.49,s.171.] Saving (Cap.97.)(Cap.191.)(Cap.232.)

Originally 26 of 1971. 71 of 1971. Short title. Interpretation. 1925 c. 49, s. 175(1). 1925 c. 23, s. 55. (Cap. 111.) 1925 c. 49, s. 175. 1925 c. 23, s. 55. 1925 c. 49, s. 175(1). 1925 c. 23, s. 55. 1925 c. 23, s. 55. (Cap. 29.) 1925 c. 49, s. 157(1). Jurisdiction of the court in probate and administration. 1932 c. 55, s. 2. Sealing of documents. 1925 c. 49, s. 174(2). Registrar may exercise jurisdiction in certain cases. Restrictions upon exercise of jurisdiction by Registrar. Power of ordering production of testamentary writings. 1857 c. 77, s. 26. 1858 c. 95, s. 23. Summons of executor to prove or renounce. 1925 c. 49, s. 159. Registrar to be Official Administrator. Vesting of estate of deceased person in Official Administrator. Re-vesting of property on vacation of office. Power to take possession of property until grant; procedure relating to deaths of nationals of certain foreign States. (Cap. 267.) Unlawfully removing property of deceased from Hong Kong. Lien on property of deceased person for expenses incurred under section 12. Summary administration of estates not exceeding $20,000. Cases in which Official Administrator is entitled to administration. Saving as to estates of certain persons. Power of limiting grant. Commission on moneys received. Keeping of books of account. Copies of documents and accounts. Redress against Official Administrator. Effect of grant to Official Administrator. Payment into Government account of unclaimed balance of intestate's estate. Advertisements as to unclaimed balance of intestate's estate. Transfer of unclaimed balance not exceeding five hundred dollars. Application for grants. [cf. 1925 c. 49, s. 150.] Number of personal representatives. 1925 c. 49, s. 160. Grant of representation to a trust corporation. 1925 c. 49, s. 161. Right of proving executors to exercise powers. 1925 c. 23, s. 8. Cesser of right of executor to prove. 1925 c. 23, s. 5. Express renunciation of right to probate. Constructive renunciation. Retraction of renunciation. Withdrawal of renunciation. 1925 c. 23, s. 6. Revocation of grants and removal of executors. 1956 c. 46, s. 17. Executor of executor represents original testator. 1925 c. 23, s. 7. On failure of executors. 1925 c. 49, s. 166. Appointment of administrator of intestate's estate. 1857 c. 77, s. 73. Grant of special administration. [cf. 1925 c. 49, s. 164.] Payment of costs relating to special administration. 1925 c. 49, s. 164. Case of infant being sole executor. 1925 c. 49, s. 165. Appointment of administrator pendente lite. 1925 c. 49, s. 163. Administration pending appeal. Prohibition of executor acting pending administration. 1925 c. 23, s. 15. Rights and liabilities of administrator. 1925 c. 23, s. 21. Legal proceedings after revocation of temporary administration. 1925 c. 23, s. 17. Caveats. 1925 c. 49, s. 154. Power to require administrators to produce sureties. 1925 c. 49, s. 167(1). Effect of guarantee. 1925 c. 49, s. 167(2). (Cap. 267). Interpretation. Sealing of grants by British courts outside Hong Kong. Conditions to be fulfilled before sealing. Application of sections 46 and 47. Duplicate or copy admissible. Rights of action of personal representative. [cf. 1934 c. 41, s. 1.] Power of personal representative to dispose of property. [cf. 1925 c. 23, s. 2(2).] Purchase by personal representative of deceased's property. Duty of personal representative as to inventory. 1925 c. 23, s. 25. Protection of persons acting on probate or administration. 1925 c. 23, s. 27(1). 1925 c. 23, s. 27(2). 1925 c. 23, s. 37(1). 1925 c. 23, s. 37(2). Liability of a person fraudulently obtaining or retaining estate of deceased. [cf. 1925 c. 23, s. 28.] Liability of estate of personal representative. [cf. 1925 c. 23, s. 29.] Allowance of remuneration to executor, administrator or attorney. Property of deceased is asset for payment of debts. [cf. 1925 c. 23, s. 32.] Duties of representatives. [cf. 1925 c. 23, s. 33.] Administration of assets. 1925 c. 23, s. 34. Schedule. Schedule. Charges to be paid primarily out of the property charged. 1925 c. 23, s. 35. Contracts by personal representative. Assent or conveyance by personal representative. [cf. 1925 c. 23, s. 36.] Right to follow property and powers of the court in relation thereto. 1925 c. 23, s. 38. (Cap. 29.) Powers of personal representative as to appropriation. [cf. 1925 c. 23, s. 41.] Power to appoint trustees of infant's property. [cf. 1925 c. 23, s. 42.] Powers of personal representative as to giving possession of land and powers of the court. [cf. 1925 c. 23, s. 43.] (Cap. 29.) Power to postpone distribution. 1925 c. 23, s. 44. Probate rules and orders. [cf. 1925 c. 49, s. 100.] Depositing and inspection of wills.[cf.1925c.49,s.170.] Copy of will, etc.[cf.1925c.49,s.171.] Saving (Cap.97.)(Cap.191.)(Cap.232.)

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